- (1.) THIS appeal against acquittal was taken up by the Court on 25.4.2014 when it was adjourned for 5.5.2014. Again the counsel for the appellant did not argue out the matter and sent an illness slip and therefore, vide order dated 5.5.2014, it was directed to be listed peremptorily in the next cause list. Thereafter it has come on the cause list on more than three occasions but it was not argued out. Today also none has appeared for the appellant even in the revised list.
(2.) HEARD learned AGA and perused the record. This appeal is against the acquittal of the accused respondents vide judgment dated 18.1.2014 passed in Sessions Trial No. 364 of 2012 by the Additional Sessions Judge, Firozabad under Section 376(2) G of I.P.C. corresponding to Case Crime No. 80 of 2012 of Police Station, Fariha, District Firozabad.
(3.) THE case set up by the prosecution was that the 14 years old daughter of the appellant was going to the field for cutting grass on 11.4.2012 at about 5:00 AM when she was accosted by the accused persons out of them Brijesh raped her in the field after tying her hands and legs while the other accused persons supported him. It was further said that certain persons while crossing the field saw the girl and opened her hands and legs and informed the mother of the victim who informed the father whereafter the first information report was lodged by the father. The statement of the girl was also recorded under Section 164 Cr.P.C. and after investigation the accused persons were put up for trial.;