Pankaj Pal v. State of Up and Another

Court No. - 83

Case :- CRIMINAL APPEAL No. - 598 of 2024

Appellant :- Pankaj Pal Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Kumar Counsel for Respondent :- G.A.,Saurabh Srivastava

Hon'ble Saurabh Srivastava,J.

1. Heard Sri Rakesh Kumar, learned counsel for the appellant and learned A.G.A. for the State.

1. After service of notice, Sri Saurabh Srivastava, learned counsel has appeared on behalf of opposite party no.2, but today even in the revised call, none appeared on behalf of opposite party no.2.

1. Learned counsel for the appellant submitted that the name of the appellant has been implicated while lodging the F.I.R. by father of the victim after the recovery of his daughter, i.e., next date of the incident. Learned counsel for the appellant sought the attention of Court over the statement recorded by victim herself under section 161 Cr.P.C., wherein it is stated that no role has been assigned against the appellant except that when she (victim) was called by another co-accused, i.e., Raju Gautam, the appellant was standing alongside of the bike only and he was not accompanied with the co-accused and the victim. Learned counsel for the appellant next submitted that at the time of taking cognizance over the chargesheet submitted by concerned Investigating Officer and in spite of having no role, which is apparent from the statement recorded by the victim herself, the appellant was also summoned under sections 365, 354, 323, 506 I.P.C. and section 3(2)Va of SC/ST Act. Learned counsel for the appellant also raised his argument while challenging the order dated 23.11.2023 through which the appellant was also summoned along with the co-accused, i.e., Raju against whom the entire allegation has been put forward through the F.I.R. along with the statement recorded by victim herself.