Allahabad High Court
State Of U.P. vs Deepak And Another S/O Shivbabu on 30 September, 2022
Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- GOVERNMENT APPEAL No. - 610 of 2022
Appellant :- State of U.P.
Respondent :- Deepak And Another S/O Shivbabu
Counsel for Appellant :- Shiv Kumar Pal
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Shiv Shanker Prasad,J.
This appeal is filed by the State along with application to grant leave to institute the appeal under Sub-section 3 of Section 378 Cr.P.C.
The Court below has acquitted the accused respondent in Special Case No. 05 of 2015, arising out of Case Crime No. 340 of 2014, under Sections 363, 366, 368, 376 IPC and Section 3/4 POCSO Act, Police Station - Lohamandi, District - Agra, vide judgment and order dated 27.06.2022, which is sought to be challenged by filing an appeal.
Prosecution case is that a written report was received as per which the informant's daughter aged about 16 years had gone to her college at 07.45 in the morning but did not reach and intimation was received by the brother of the victim in that regard. The family members tried to locate the victim and ultimately a telephone call was received, but the victim stated that she was forcibly taken to Hathras. On the basis of investigation undertaken including medical examination the charge sheet was submitted before the Magistrate on which cognizance was taken and the matter was referred to the POCSO Court. During the course of trial medical examination report of the victim has been produced as Exhibit A-9 in which no injuries have been found on her as also no semen etc. have been found in the pathological report wherein age of the victim has been found to be 17 years.
The victim in her statement under Section 164 Cr.P.C. has not supported the prosecution story and has clearly stated that she had gone with the accused out of her own volition. Even in her statement made before the Court she has not supported the prosecution story and has maintained her stand as per which she had gone with the accused voluntarily.
The Court below on the basis of medical evidence which has not supported the plea of rape, as also the fact that the victim has not supported the prosecution story, acquitted the accused in the above noted case vide his judgment and order dated 27.06.2022.
Although, various arguments are advanced but learned AGA has not been able to show any perversity or error of judgment nor is it shown that any triable issues arise for consideration in the present appeal.
Prayer made to grant leave for instituting the appeal is accordingly declined and the appeal consequently fails and is dismissed.
Refusal to grant leave will however have no effect on the proceedings initiated for filing false evidence before the Court.
Order Date :- 30.9.2022
SK Srivastava
