Allahabad High Court
State Of U.P. vs Anshul Tiwari S/O Santosh Tiwari on 19 December, 2022
Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- GOVERNMENT APPEAL No. - 280 of 2022
Appellant :- State of U.P.
Respondent :- Anshul Tiwari S/O Santosh Tiwari
Counsel for Appellant :- Shiv Kumar Pal
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Shiv Shanker Prasad,J.
This appeal is by the State alongwith an application to grant leave to challenge the judgment and order of acquittal of the accused respondent, dated 18.12.2021, passed by the Additional District and Session Judge/Spl. Judge (POCSO), Court No.1, Firozabad in P. S. T. No. 1028 of 2015 (State of U.P. vs. Anshul Tiwari) arising out of Case Crime No.733 of 2015, under Sections 363, 366, 376 IPC & 3/4 of POCSO Act, Police Station Uttar, District Firozabad.
As per the prosecution case the victim was minor who has been enticed by the accused respondent and the accused is no longer responding on mobile phone. Investigation proceeded in the matter and ultimately charge sheet was filed relying upon the statement of victim who has supported the prosecution case. The age of the victim has been determined as 18 years in the medico legal report. Although school certificate has been relied upon to show that victim is minor but the admission is neither in high school nor is based upon entry in the first school. Basis of recording of date of birth is an affidavit of the parents. The victim has been medically examined in which charges relating to offence under section 376 IPC are not supported.
Trial court upon evaluation of evidence, including the statement of victim and medical examination report has come to the conclusion that the prosecution has failed to establish the guilt of the accused respondent beyond reasonable doubt. On the basis of such conclusion the trial court has acquitted the accused respondent.
Although various arguments are advanced but it is not disputed that in the medical examination report the victim has been found to be major. It is also not in dispute that no injures are found on the victim and, therefore, the commissioning of offence itself is not corroborated by the medical examination report.
It is these background that the accused respondent has been acquitted by granting him benefit of doubt by the trial court. The view taken by the trial court upon evaluation of evidence is a permissible view. Neither any illegality or perversity is shown in the judgement of the trial court nor any triable issue is raised, which may require interference of this Court.
Accordingly, the application to grant leave for instituting the present appeal is rejected. The appeal is also dismissed.
Order Date :- 19.12.2022
Ashok Kr.
