LUCKNOW: The Allahabad High Court today granted two weeks to the Uttar Pradesh government to file its reply on a petition questioning the cognisance of offence under POSCO Act against former minister Gayatri Prajapati in a gangrape case.
The matter will be heard after two weeks.
A vacation bench of Justice S N Shukla here passed the order on the petition field by Prajapati.
He had challenged the cognisance order passed on June 5 by the Additional Sessions judge court summoning him for trial under various sections of the Protection of Children from Sexual Offences Act, 2012.
However, during arguments, his counsel Mridul Rakesh confined his plea against POSCO Act only. The counsel argued that from the statement of the victim recorded under section 164 of CrPC, no offence under POSCO Act was made out.
Opposing the plea, Additional Advocate General V K Sahi submitted that there were other materials as well as further statement of the survivor which certainly covered ingredients of Section 5 of POSCO 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.