Allahabad High Court
State Of U.P. vs Sher Singh And Another on 2 August, 2023
Bench: Ashwani Kumar Mishra, Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:154365-DB
Court No. - 46
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 340 of 2023
Appellant :- State of U.P.
Respondent :- Sher Singh And Another
Counsel for Appellant :- Ashutosh Kumar Sand
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
(Ref: Criminal Misc. Delay Condonation Application)
1. Heard.
2. Delay in filing the present appeal is explained to the satisfaction of the Court. Delay is, accordingly, condoned.
3. Application stands allowed.
(Ref: Appeal)
1. This appeal is filed by the State alongwith an application for grant of leave to challenge the judgment of acquittal dated 23.09.2022, passed by the court below in Case No.34 of 2015 (State of U.P. Vs. Sher Singh and another), arising out of Case Crime No.188 of 2013, under Sections 363, 366, 376(D), 506 IPC & Section 6 POCSO Act, Police Station Puramufti, District Kaushambi.
2. As per the prosecution case, the father of the victim made a written complaint stating therein that his daughter (victim) aged 17 years used to go to a ladies tailoring shop for learning stitching and tailoring work. The accused were working in a nearby nursing home and used to intercept her and talk to her for 10-15 minutes. The accused allegedly enticed the victim and took her in a four wheeler vehicle to Fatehpur Ghat, where she was threatened and sexually assaulted. The victim was left at the place of occurrence and even when the victim returned, she did not make a complaint as she was threatened. The incident apparently occurred on 14.07.2013. The accused later offered to marry the victim and on such pretext, continued to have physical relations and she was kept at railway station during night as the Court was closed on Sunday. The written report, in respect of the incident occurred on 14/15.07.2013, has been registered on 22.08.2013 at about 11:40 a.m., which is after more than a month of the occurrence. The police investigated the allegations and ultimately submitted a charge-sheet against the two accused, under Sections 363, 366, 376(D), 506 IPC r/w Section 6 POCSO Act.
3. The trial proceeded after the accused denied the charges levelled against them, wherein the informant appeared as P.W.-1 and had supported the prosecution case. He stated that the victim informed him that on a false pretext of marriage, the accused continuously formed relations with her for almost a month. The victim herself appeared as P.W.-2 and has stated that at about 10:00 in the morning on 14.07.2013, the accused forcefully took her in a four wheeler vehicle and sexually assaulted her. She was then offered a cold drink, which was mixed with some intoxicating substance and she fainted. The accused also threatened her not to get her medically examined or to lodge a report. P.W.-3 is a formal witness, who had proved the G.D. etc. P.W.-4 is the doctor, who had medically examined the victim and found no external or internal injuries on her body.
4. So far as the age of the victim is concerned, the High School Certificate of the victim has been produced, as per which, her date of birth is mentioned as 25.12.1995 and therefore, on the date of incident, the victim was major. The medical evidence has not supported the prosecution case. The fact that F.I.R. was lodged after more than a month of the occurrence and there were material contradictions in the statement of victim with regard to commissioning of offence, the trial court has not found the testimony of victim credible and thereby has acquitted the accused by granting them benefit of doubt.
5. We have been taken through the judgement of the court below by learned A.G.A. in order to demonstrate the illegality and perversity in the judgment, but no such perversity could be shown by the learned State counsel. The fact that victim was a major and the allegation of sexual assault was not supported by medical evidence is not in issue. The fact that the victim was known to the accused and they used to talk almost every day when she would go for her tailoring class and the F.I.R. has also not been lodged for more than a month, which may suggest that the relationship was in a way consensual. The conclusions drawn by the court below are clearly borne out from the materials on record.
6. We have carefully examined the judgment of the court below and upon its examination, we find that the view taken by the court below is clearly a permissible view, in the facts of the case, and just because a different view could be taken would ordinarily not be a ground for this Court to interfere with the order of acquittal. In such circumstances, we find that neither any triable issue is raised before us in this appeal nor any perversity is shown, which may persuade this Court to grant leave to assail the judgment of acquittal. Prayer made by the State for grant of leave is, accordingly, refused and the appeal, consequently, fails and is dismissed.
Order Date :- 2.8.2023
Zafar
