ANJALI (MINOR) THROUGH HER FATHER JUMMA Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2016-11-134
HIGH COURT OF ALLAHABAD
Decided on November 19,2016

Anjali (Minor) Through Her Father Jumma Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Ramesh Sinha, J. - (1.) This petition has been filed by the petitioner with a prayer to issue a direction to the respondents to grant compensation to the petitioner in the light of Section 357A Cr.P.C. and under U.P. Compensation Scheme, 2014.
(2.) The brief facts of the case are that an F.I.R. has been lodged by father of the petitioner against one Anil Kumar son of Babu Khatik on 29.6.2015 which was registered as case crime no. 336 of 2015 under sections 376, 506 I.P.C. and 3/4 POCSO Act with respect to an incident alleged to have taken place on 18.2.2015 stating in the evening when petitioner went for routine work in Jungle, the said accused caught hold her and at the point of country made pistol raped her and threatened that if she informed about it to any one her brother will be killed and he used to commit rape on her as and when got opportunity. When her married sister, namely, Pooja came at home on 26.6.2015, the petitioner told her that she is suffering from pain in abdomen on which the father of the petitioner got her ultrasound on 27.6.2015 at Vashisht Hospital Alamapur then it transpired that petitioner is having pregnancy of about 4 and half months. On asking, she told the entire story to her sister Pooja that one Anil Kumar has raped her. On coming to know about the said fact when the father of the petitioner told the entire story in village, the accused Anil Kumar threatened him to kill on which the father of the petitioner lodged the present F.I.R.
(3.) On 10.7.2015, charge-sheet has been submitted against accused Anil Kumar for the aforesaid offence on which the learned Magistrate has taken cognizance of the offence on 20.7.2015. The case has also been committed to the Court of Session and is pending before A.D.J. Court No. 4, Muzaffarnagar being Special Case No. 209/9 of 2015 State v. Anil Kumar .;


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