registered the aforesaid FIR under Sections 363 ,
366 of the Indian Penal Code. On investigation, the Police was able to
recover the victim ... that, the Police recorded the statement of the victim under
Section 164 Cr.PC. The case of the prosecution is that the accused
established sexual
Applicants have invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding of Session ... children were borne and they are studying in matriculation. In exercise of inherent power under Section 482 Cr.P.C., this Court is not expected
Indian
Penal Code.
As per allegation made in the F.I.R., the girl had
gone to fill up the form of Matriculation from where ... conditions as laid down under Section
438(2) of the Cr.P.C. as also subject to condition that whenever
the police will call
Indian Penal Code and Section 4 of the
POCSO Act.
The accusation is that informant, Puja Kumari, was
the student of matriculation in the year
Case Crime No. 0090 of 2020, under Sections 363 , 366 I.P.C., P.S. Atrauli, District Aligarh, during the pendency of present writ petition ... directed to ensure for getting statement of prosecutrix recorded under Section 164 Cr.P.C. and her age determination by Medical Board be got made
Date of Birth (hereinafter referred to as 'DoB') mention in matriculation (or equivalent) certificate, in absence thereof DoB mention in the school first ... prosecution, the statement of victim under Section 164 of the Code and also the statement of Karunesh (D.W.-1).
27. Now the question arises
submits that
the statements of the victims recorded under Section 164
of Cr.P.C. when read in conjunction with their
deposition, demonstrate that ... learned Additional State
Public Prosecutor submits that in the absence of
Matriculation certificate, a certificate issued by the
School in which the victims studied would
CriApln 3753-2019
under section 323 of the Indian Penal Code. He is also sentenced to
suffer rigorous imprisonment for one year ... month for the
offence punishable under section 506 of the Indian Penal Code. The
substantive sentences shall run concurrently.
3. It is to be noted
under Sections 366 and 120-B IPC (Offences under Sections 363 ,
366-A , 376 , 344 and 509 IPC and Sections ... also drawn my attention to the copies of the Aadhar card and
matriculation certificate of the daughter of the complainant (Annexures
under Sections 363 , 366 , 376 , 328 , 506 of I.P.C. & 3/4 of POCSO Act , Police Station- Raunapur, District- Azamgarh, is seeking enlargement ... report of Medical Board; in her statement recorded under Section 164 of Cr.P.C. no accusation of rape or giving intoxication is there
