State of Uttar Pradesh vs Deepak Pandey and Another

Admit.

Summon lower Court record.

Let bailable warrants of arrest be issued against Respondents Deepak Pandey and Babloo through the Chief Judicial Magistrate concerned fixing 22nd December, 2010 for their attendance before this Court.

Heard learned Counsel for the State.

This application u/s 378(3) Code of Criminal Procedure has been moved on behalf of the State against judgment and order dated 20.07.2010 passed by the learned Additional Sessions Judge/ F.T.C. 7, Hardoi in Sessions Trial No. 743 of 2004 vide which Respondents have been acquitted of the charges levelled against them under Sections 363, 366, 368 and 376 IPC, police station Kotwali Dehat, District Hardoi.

We have gone through the judgment of the Court below.

It comes out that the prosecutrix, who was examined as PW-3, has categorically stated that she was subjected to rape by Respondent No. 1-Deepak Pandey at various places; she was recovered after about a week; as per opinion of the Doctor she was habitual of sexual intercourse; she has also categorically stated that she was taken away with the assistance of Respondent No. 2-Babloo and thereafter she was kept at various places and subjected to rape by Respondent No. 1-Deepak Pandey.

It is argued that testimony of the prosecutrix is itself sufficient for convicting/sentencing the Respondents. Age of the prosecutrix shown in the school certificate i. e. sixteen years ought to have been accepted in comparison to medical examination report in which her age has been found to be nineteen years.

Taking into consideration overall aspects of the matter, we find it a fit case for grant of leave to appeal.

Accordingly, the application is allowed and leave to appeal is granted.