Court No. - 49
Case :- APPLICATION U/S 482 No. - 32018 of 2018 Applicant :- Amit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application has been filed to quash the order dated 28.8.2018 passed by the Special Judge POCSO Act/Additional Session Judge, Court No.8, Farrukhabad in S.S.T. No. 68A of 2014 (State Vs. Amit), arising out of Case Crime No. 114 of 2014, under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, Police Station Shamshabad, District Farrukhabad.
3. The grievance of the applicant appears to be that the statements of the informant and victim are contradictory in so far as such statements pertain to the school where the victim had studied. While the father claims that the victim had studied at Delhi, the victim stated that he had studied at a village school.
4. In such circumstance, learned counsel for the applicant submits that the headmaster of the two schools be called as a witness to establish the truth.
5. Admittedly, the proceedings are pending at the stage of prosecution witness. It is largely for the prosecution to lead such evidence as it may feel inclined or be advised. It is not for the defence or for this Court to issue any positive directions as restrict or dictate the evidence that may be led. In absence of any evidence being led, benefit if any would have to flow to the defence.
6. Thus no interference is warranted at this stage. The present application is dismissed.
Order Date :- 17.9.2018 Mini