Allahabad High Court
State Of U.P. vs Insaf Ali S/O Istyak Ali And 05 ... on 22 November, 2022
Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 79 of 2022
Appellant :- State of U.P.
Respondent :- Insaf Ali S/O Istyak Ali And 05 Others
Counsel for Appellant :- Shiv Kumar Pal
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Shiv Shanker Prasad,J.
In Re:- Criminal Misc. Delay Condonation Application
We have perused the affidavit filed in support of the delay condonation application. The delay in filing the appeal is 185 days.
Cause shown in the affidavit filed in support of the delay condonation application is good and sufficient.
The delay condonation application is allowed and the delay in filing the appeal is condoned.
Order on Appeal
This appeal along with application for grant of leave is instituted by the State challenging the judgment and order dated 12.01.2022 passed by learned Additional District and Sessions Judge/ Fast Track Court, Meerut in Sessions Trial No. 935 of 2014 (State of Uttar Pradesh vs. Insaf Ali and 5 others), arising out of Case Crime No. 255 of 2013, under Sections 147, 323/34, 506, 376, 452 I.P.C., Police Station Kitharu, District Meerut, whereby the court below has found the accused-appellants not guilty of the offence and they were acquitted.
Prosecution case is that on the false pretext of rape, son of the informant was got married to the daughter of Insaf Ali, and the purpose of marriage was to extract undue advantage. After few months, the wife started asking for divorce. Although attempt was made to counsel her but the issue was not resolved. On 11.6.2013 at about 10:30 P.M. when the informant was alone in her home along with her children her son's father-in-law along with other persons came in the house and assaulted her. Insaf Ali is alleged to have attempted rape on the victim. On the basis of such report F.I.R. in Case Crime No. 255 of 2013, under Sections 147, 452, 323, 504, 376/511 I.P.C. was lodged against Insaf Ali, Javed, Chand, Pravez, Husna Jahan and Jamrud. The investigation concluded with submission of charge-sheet in the matter. The prosecution produced the victim as P.W.-1 while P.W.-2 was S.I. Devraj Singh and P.W.-3 is Gyan Das.
P.W.-1 (victim) has stated that the name of her son is Javed, who married Husna Jahan on 4.11.2011 after a false case of rape was lodged against her son. It is alleged that on 11.6.2013 at about 10:00 P.M. she was subjected to rape by Insaf Ali.
Trial court upon evaluation of evidence placed on record found that there was a matrimonial dispute going on between the son of the victim and his wife namely, Husna Jahan, in respect of which various cases were also pending. In such circumstances, when relation between husband and wife was so strained the allegation that the victim allowed the accused persons to enter in the house at 10:30 P.M. in the night, when she was alone has been found doubtful. The plea of rape has otherwise not been substantiated by the medical evidence available on record. The implication of accused has been found to be not free from doubt inasmuch as the object was to punish the family members of victim's daughter-in-law, who was having matrimonial dispute with the victim's son. In such circumstances, the trial court has come to the conclusion that the plea of rape by Insaf Ali upon the victim, who happened to be mother-in-law of his daughter, Husna Jahan has not been found credible or reliable and hence the trial court has acquitted the accused persons by granting them benefit of doubt.
Learned A.G.A. has placed facts of the case in order to show that the appeal raises triable issue and that the acquittal of accused persons is perverse.
However, we do not find any such triable issues to arise in the facts of the present case nor the view taken by the court below upon evaluation of evidence is an impermissible view in the facts of the case. Prayer made for grant of leave under Section 378(3) Cr.P.C. to institute the appeal is thus declined.
The present government appeal consequently fails and is accordingly, dismissed.
Order Date :- 22.11.2022
Abhishek Singh
