Court No. - 49
Case :- APPLICATION U/S 482 No. - 31223 of 2018 Applicant :- Kamlesh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dheeraj Kumar Dwivedi 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 482 Cr.P.C. application has been directed against the order dated 17.05.2018, by which the learned Addl. Sessions Judge, Court No.14, Kanpur Nagar has rejected the discharge application filed by the present applicant.
3. Learned counsel for the applicant submits that no offence under Section 3/4 POCSO Act is made out against the applicant, inasmuch as admittedly, the victim is an illiterate lady and therefore, there is no proof of her age as per per the school or other record. In such circumstance, it is stated that her age had to be determined according to the medical opinion. In this regard, the medical opinion has estimated the age of the victim about 19 years. It is therefore, submitted that the charge-sheet submitted against the applicant deserves to be quashed.
4. Perusal of the order dated 17.05.2018 reveals the rejection of discharge application has been made on the ground that the charges have already been framed against the applicant and two witness have also been been examined.
5. In view of the above, no interference is warranted at this stage and the present application is dismissed.
Order Date :- 17.9.2018 Lbm/-