Gayatri Prajapati rape case: Allahabad HC grants two weeks to UP govt to file response

Lucknow: The Allahabad High Court on Thursday granted two weeks to the Uttar Pradesh government to file its reply on a petition questioning the cognisance of the offence under Protection of Children from Sexual Offences Act (POCSO) Act against former minister Gayatri Prajapati in a gangrape case.

The matter will be heard after two weeks.

A vacation bench of Justice SN Shukla here passed the order on the petition filed by Prajapati.

He had challenged the cognisance order passed on 5 June by the additional sessions judge court summoning him for trial under various sections of the POCSO 2012.

However, during arguments, his counsel Mridul Rakesh confined his plea against POCSO Act only.

The counsel argued that from the statement of the victim recorded under section 164 of CrPC, no offence under POCSO Act was made out.

Opposing the plea, additional advocate general VK Sahi submitted that there were other materials as well as a further statement of the survivor which certainly covered ingredients of Section 5 of POCSO Act.

“Therefore, without perusal of those documents, it would not be appropriate for the court to interfere with the summoning order,” added Sahi demanding two weeks’ time to file counter-affidavit in the matter.