Court No. - 49
Case :- CRIMINAL REVISION No. - 2797 of 2018 Revisionist :- Har Mohan Singh Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present revision has been filed against the order dated 21.07.2018 passed by the Special Judge, POCSO Act/Addl. District & Sessions Judge, Court No.1,Kannauj in Special Session Trial No. 87 of 2017, by which the applicant had been summoned under Section 319 Cr.P.C for the offence under Sections 363, 366, 376 IPC and 3/4 POCSO Act.
Learned counsel for the applicant submits that though the named FIR had been lodged against the applicant and two other persons by the father of the victim, upon police investigation, it was found that the applicant was not present at the place and time of the incident. Such plea of alibi is claimed to establish on the strength of CDR of his mobile phone.
At present, it appears that in the statement recoded under Section 164 Cr.P.C. the prosecutrix appears to have made specific allegation against the applicant of commission of rape. Insofar as the age of the victim is concerned, it has been submitted that she was more than 18 years of age. The same would remain a matter to be raised by the applicant before the learned court below at the appropriate stage.
Learned AGA on the other hand submits that from the perusal of the impugned FIR and on the basis of the allegations made therein the impugned order is not liable to be quashed.
Having considered the argument advanced by learned counsel for the applicant on the main issue, it appears that it is a premature to interfere at this stage, inasmuch as upon reading of the statement of the prosecutrix, it is clear that specific allegation of rape has been made, which appears to be supported by other details furnished by the prosecutrix. No interference is warranted at this stage and the present application is liable to be dismissed.
However, if the the applicant appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law, after hearing the public prosecutor.
For a period of 30 days from today, no coercive measure shall be taken against the applicant in the aforesaid case.
With the above directions, this application is disposed of finally.
Order Date :- 24.8.2018 Lbm/-