Mukul vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Mukul vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Criminal revision finally disposed of with liberty/permission to the revisionist to produce three named defence witnesses before the trial court within one month, subject to the condition of no unnecessary adjournments and no willful or deliberate delay in the trial.

Issue for consideration

Whether the accused/revisionist should be permitted to produce three additional defence witnesses at the trial, after completion of prosecution evidence, on the ground that their evidence is necessary for proper adjudication and its exclusion would prejudice his fair trial rights.

Court's answer

The revisionist is permitted to produce three named defence witnesses — Nidhi Pandey W/o Mukul Kumar, Santosh Kumar Sharma Baba Kanpuri and Alok Dwivedi S/o Shri Kanhaiya Lal — before the concerned trial court within a month from the date of the order.

Ratio / Principle

The permission to examine the additional defence witnesses is made conditional: the revisionist shall not take any unnecessary adjournment and shall not cause any willful and deliberate delay in the trial.

Detailed headnote1 paragraphs

Criminal Revision (Allahabad High Court, Abdul Shahid, J.) arising out of case crime no. 64 of 2022, Police Station Sector-24 Noida, District Gautam Budh Nagar, under Sections 376-AB & 506 IPC and Sections 5, 6, 9, 10 POCSO Act, challenging the judgment and order dated 23.9.2025 of the Additional Sessions Judge/Special Judge, POCSO Act-I, Gautam Budh Nagar (State Vs. Mukul). With prosecution evidence complete and three defence witnesses (D.W-1 to D.W-3) already examined, and the learned A.G.A. raising no objection, the Court permitted the accused/revisionist to produce three further defence witnesses — Nidhi Pandey W/o Mukul Kumar, Santosh Kumar Sharma Baba Kanpuri and Alok Dwivedi S/o Shri Kanhaiya Lal — before the trial court within a month, subject to the condition that no unnecessary adjournment is sought and no willful or deliberate delay is caused in the trial. Revision finally disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 7586 of 2025

Mukul

.....Revisionist(s)

Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Revisionist(s) :	Shishir Kumar Tiwari
Counsel for Opposite Party(s) :	G.A.

Court No. - 91

HON'BLE ABDUL SHAHID, J.

Heard learned counsel for the revisionist and the learned A.G.A. Perused the material placed on record.

The instant revision has been filed with the prayer to set aside the impugned judgment and order dated 23.9.2025 passed by the learned Additional Sessions Judge/Special Judge, POCSO Act-I, Gautam Budh Nagar (State Vs. Mukul) arising out of case crime no. 64 of 2022, under Sections 376-AB & 506 IPC and Sections 5, 6, 9, 10 POCSO Act, Police Station Sector-24 Noida, District Gautam Budh Nagar.

Learned counsel for the revisionist has submitted that the revisionist is an accused in this case. Evidence of the prosecution is completed. The accused/revisionist has produced three witnesses as D.W-1, D.W-2, & D.W-3. He has further submitted that the revisionist is not avoiding the trial, but he wants to produce his three additional defence witnesses which is necessary for proper adjudication of the case on merit; failing which it would cause prejudice to the fair trial rights of the accused.

Leaned A.G.A. has no objection to the submission of the learned counsel for the revisionist.

In view thereof, the revisionist is provided that he shall produce three defence witnesses, namely, Nidhi Pandey W/o Mukul Kumar, Santosh Kumar Sharma Baba Kanpuri and Alok Dwivedi S/o Shri Kanhaiya Lal before the concerned trial court within a month from today.

CRLR No. 7586 of 2025

2

However, it is made clear that the revisionist would not take any unnecessary adjournment and will not cause any willful and deliberate delay in the trial of the case on merit.

With these observations, the criminal revision is finally disposed of.

(Abdul Shahid,J.)

November 18, 2025

M. Tarik

Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad