Badhu Majhwar vs State Of U.P. And Another
2021 Latest Caselaw 8434 ALL

Citation : 2021 Latest Caselaw 8434 ALL
Judgement Date : 22 July, 2021

Allahabad High Court

Badhu Majhwar vs State Of U.P. And Another on 22 July, 2021

Bench: Pankaj Naqvi, Naveen Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No. - 82 of 2021
 

 
Appellant :- Badhu Majhwar
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Karunesh Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Naqvi,J.

Hon'ble Naveen Srivastava,J.

Re: Order on Delay Condonation Application No. 1 of 2021.

The application is disposed of accordingly.

Re: Order on Criminal Appeal.

Heard Sri Karunesh Pratap Singh, learned counsel for appellant and learned AGA for the State.

This criminal appeal (defective) under Section 372 Cr.P.C. is preferred against the judgment and order dated 19.02.2021 acquitting the accused respondent no. 2 of charges leveled under Sections 363, 366, 376 IPC, passed by Additional District & Sessions Judge/ Special Judge (P.C. Act), Gorakhpur in Session Trial No. 196 of 2016 (State Vs. Mahendra Yadav).

The case of the prosecution is that on 11.08.2015 at around 05.00 in the evening the respondent accused residing in the neighborhood kidnapped informant's daughter aged around 15 years and fled on a motorcycle.

Learned counsel for the appellant submitted that the Court below while acquitting the respondent accused misread the evidence on record which otherwise establish the case beyond reasonable doubt.

The trial Court after analyzing the evidence was of the view that even though the occurrence took place on 11.08.2015 but FIR came to be lodged on 17.08.2015 but recovery of the victim on the same day i.e. on 17.08.2015 coupled with the fact that the victim was alleging that she was recovered on the day when she was kidnapped creates serious doubt to the prosecution story. The Court below further found that victim is around 19 years as per medical report as also birth certificate issued by Nagar Nigam.

We in view of above admitted clinching evidence of the victim are also of the considered view that the view of the trial Court acquitting the accused is reasonable and probable to which no perversity could be attached.

The appeal is dismissed.

Order Date :- 22.7.2021

SK Srivastava