Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal)
1. Heard Sri Rahul Asthana, learned AGA appearing for the appellant-State of UP and perused the record.
2. Present government appeal has been preferred against the judgement and order dated 16.11.2021 passed by the Additional Sessions Judge/Additional Judge (POCSO Act), Court No. 2, Bulandshahar in Sessions Trials No. 69 of 2015 (State of UP vs. Roshal Lal), arising out of Case Crime No. 664 of 2014 under Sections 376, 511, 506 IPC and Section 4 POCSO Act, PS Sikandrabad, District Bulandshahar.
3. Prosecution story, in brief, is that the informant, Smt. Omvati, wife of Harpal Singh Aheriya, resident of Mohalla-Khatribara near Kaka Degree College, Town and Police Station Sikandrabad, District Bulandshahr gave a typewritten complaint to the Superintendent of Police, District Bulandshahr on 3.8.2014 to the effect that one Roshanlal who lived on rent in the neighborhood used to come to her house often due to lack of space and being a relative used to stay there all day. On 01.08.2014, at around 2:30 in the evening, she had gone to work with her husband and the victim aged about 9 years old and the younger daughter aged about 5 years old were at home. Roshanlal with the intention of committing a crime tried to do a bad deed by closing the mouth of the victim with a dupatta and tying her hands and legs with a rope. The informant’s brother-in-law Pankaj s/o Surendra saw from the window and told his grandfather Dharam Singh, who scolded him and cursed him and freed the victim from bondage. When she returned at around 6 in the evening, information was sent to the police. Thereafter, two policemen reached the spot and searched for Roshanlal but he absconded. Knowing this incident, Rohan Lal was kicked out by her sons, but the next day he went to the victim’s school to find out. On complaint, Suresh, Ramesh’s brother-in-law Babli, Bala (wife of Bijendra), Mrs. Revati (wife of Dhan Singh) and Renu (wife of Munesh) etc. came to the house in the evening and left after giving all kinds of threats. A report has been written and a request has been made to take legal action. On the basis of aforesaid complaint, a first information report was lodged against the accused and after lodging the FIR, investigating officer started investigation and after competition of investigation, charge-sheet was submitted against the accused. The accused denied the prosecution allegations and claimed to be tried.