State Of U.P. vs Ashok S/O Karm Singh Jatav And 04 ...
2022 Latest Caselaw 19062 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 9033 of 2022
 

 
Appellant :- State of U.P.
 
Respondent :- Ashok S/O Karm Singh Jatav And 04 Others
 
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 application to grant leave to challenge the judgment and order passed by the Special Judge, SC/ST Act, Baghpat in Sessions Trial No. 488 of 2011 (State Vs. Ashok and others), arising out of Case Crime No. 04 of 2011, under Sections 363, 366, 368, 376 IPC and Section 3(1)(12) SC/ST Act, Police Station - Doghat, District - Baghpat.

The prosecution case in brief is that the informant Satveer lodged a report stating that his daughter aged 15 years had gone to ease herself in the field at about 5.30 in the morning when the accused Anuj alongwith others have enticed her. The victim has not been traced and one Mamchand has seen the victim going with the accused persons.

The investigation concluded with submission of chargesheet whereafter the cognizance was taken in the matter and the trial proceeded. The victim has been produced as PW-2. She has not supported the prosecution case. In her statement before the Court she has clearly stated that the accused had come to her house and she had willingly joined his company and later they travelled to different places and marriage was also solemnized by the accused with the victim. It further transpires that the victim has admitted that she travelled by public transport without raising any protest and has subsequently married someone else. At the time when the statement of victim was recorded she was 26 years of age.

Trial Court after noticing the statement of other witnesses as also the fact that prosecutrix herself has not supported the prosecution case held that the prosecution has failed to establish the guilt of the accused persons beyond reasonable doubt. The view taken by the Court below although is assailed, but no perversity or error of judgment is shown. No triable issues are otherwise shown to arise in the facts of the case. In such circumstances, we decline the prayer made by State for grant of leave to institute the appeal and consequently the appeal fails and is dismissed.

Order Date :- 28.11.2022

Ranjeet Sahu