- (1.) This appeal under section 372 Cr.P.C. arises out from the judgment and order dated 12.9.2014 passed by the Additional Sessions Judge, Court No. 5, Kanpur Nagar, in S.T. No. 247 of 2011, State Vs. Pinku and others, in Crime No. 226 of 2010, under Section 376(2)(g) I.P.C. Police Station Chhawani, District Kanpur Nagar, whereby the trial court has acquitted all the accused persons.
(2.) We have heard learned counsel for the appellant, learned AGA and perused the record.
(3.) The prosecution case in brief is that a written report was lodged at Police Station Chhawani, District Kanpur Nagar, by the informant Ramesh Nishad mentioning therein that on 18.11.2010 at about 10.30 P.M. his daughter Resham, aged about 15 years, had gone to attend the call of nature when the accused Pinku, Arun and their friends took her to the bank of river Ganga. They committed maarpeet with her and gang raped her. After that all the accused persons threatened to kill her and ran away. His daughter returned to her home in an injured condition but she, due to fear and shock, did not tell about the incidence to anyone. After some days she informed about the incident to her mother, whereupon a report was lodged at Police Station Chhawani. On the basis of this report a criminal case under section 376, 323, 506 I.P.C. was registered at Crime No. 226 of 2010 against Pinku, Arun and two unknown persons and the matter was investigated. During investigation name of accused Rajbabu came to light, hence the police submitted charge sheet against Pinku, Arun and Rajbabu, (who are respondent nos. 2, 3 and 4 respectively in the instant appeal).;