- (1.) Heard Shri S.K. Chaubey, learned counsel for the petitioners, Shri Ashish Kumar (Nagvanshi), learned counsel for respondent No. 4 and Shri Vikas Sahai, learned Additional Government Advocate for the State and perused the record of the case.
(2.) By means of this writ petition the petitioners have prayed that the subsequent statement of the victim recorded on 13.12.2017 under section 164 Cr.P.C. in Case Crime No. 115 of 2017, under sections 363, 366(A) IPC and 7/8 of the Protection of Children from Sexual Offences Act, 2012 police station Sakaldeeha, district Chandauli be declared void ab-initio. It is further prayed that a direction be issued to the respondents not to rely upon the second 164 Cr.P.C. statement of the victim while submitting the report under section 173(2) Cr.P.C.
(3.) The brief facts of the case are that on 16.7.2017 a report was lodged by the first informant Sheela Devi, mother of the victim at the police station Sakaldeeha, district Chandauli to the effect that her daughter, Km. Poonam Yadav, aged 17 years has been enticed away by Manisha Sahu, wife of Manoj Gupta and took her to village Timilpur, police station Sakaldeeha and in order to sell her for prostitution and other mis-deed, she has got her eloped with her husband Manoj Gupta. It is further mentioned in the first information report that after a hectic search her daughter, Km. Poonam Yadav, the victim and Manoj Gupta are not traceable. It is also mentioned that the victim has been kidnapped by Manisha Sahu and Manoj Gupta and that the life of her daughter is in danger.;