APPLICATION U/S 528 BNSS No. 19442 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19442 of 2026 Sarvesh .....Applicant(s) Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Kripesh Mishra Counsel for Opposite Party(s) : G.A. Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. appearing for the State. 2. Present application under Section 528 BNSS has been filed for quashing the impugned order dated 17.3.2026 passed by Additional Sessions Judge / Special Judge (Rape and POCSO), Court No. 2, Gorakhpur in Special Session Case No. 2272 of 2022 (State vs. Sarvesh) arising out of Case Crime No. 460 of 2022, under Sections 376, 452 IPC and Sections 5/6 of POCSO Act, Police Station Chiluataal, District Gorakhpur. 3. As per the prosecution case, the victim, aged about 12 years, is mentally disable and she was subjected to rape by the applicant on 29.9.2022 at 10:00 P.M. The charge-sheet was submitted in this case and charge was also framed. The accused-applicant pleaded not guilty and the prosecution adduced several witnesses in support of its case. After examining seven prosecution witnesses, the victim of the presen