Allahabad High Court
State Of U.P. vs Sonu Soni S/O Mannilal on 12 December, 2023
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:235143-DB
Court No. - 46
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 500 of 2023
Appellant :- State of U.P.
Respondent :- Sonu Soni S/O Mannilal
Counsel for Appellant :- Ashutosh Kumar Sand
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Ref:- Order on Delay Condonation Application
The delay in filing of the appeal has been explained to the satisfaction of the Court and is, otherwise not seriously opposed.
The delay condonation application is allowed.
Ref:- Appeal
This appeal is by State alongwith an application for grant of leave to challenge the judgment of acquittal dated 19.04.2023, passed by the court below in Case no.47 of 2016 (State of U.P. Vs. Sonu Soni), arising out of Case Crime No. 329 of 2015, under Sections 363, 366, 376Gha, 506 IPC and Section 6 POCSO Act, Police Station- Charwa, District- Kaushambi.
As per the informant, the minor victim aged about 14 years had gone to ease herself on 05.10.2015 at about 5:30 in the evening and while she was returning Sunil, Monu, Raju and Munan alias Anil along with another standing with their four wheeler and a motorcycle forcibly dragged her inside the vehicle and kidnapped her. The F.I.R. was lodged with such allegations two days after the incident on 07.10.2015 at 22:35 P.M., under Sections 363, 366 I.P.C. read with Section 7/8 POCSO Act. During the investigation, Sections 376(2)Jha and 376Gha and 506 as well as Section 3/4 and 16/17 POCSO Act were also added and a charge-sheet was submitted in that regard. The accused denied their implication and demanded trial.
The informant has appeared as P.W.-1 and stated that the report was got scribed through an unknown person on which he made his signature and has verified the written report. He has also stated that the accused Raju, Monu, Anoop and Sonu had enticed his daughter and had taken her to Punjab and subsequently left her at the village.
The victim has been produced as P.W.-2, who has supported the prosecution case and has alleged that accused Sonu along with another had dragged her from the field and she was subjected to sexual assault. All the accused had taken her to Punjab in a Wagon-R and she was also threatened on account of which she could not raise a protest. The victim has also supported her statement under Section 164 Cr.P.C.
The doctor who had medically examined the victim has appeared as P.W.-3. In her report no external or internal injuries have been found except a bruise on her cheek. Vaginal slides of the victim were also prepared in which no dead or alive spermatozoa have been found. The hymen of the victim was found old torn.
The trial Court has examined the evidence placed on record by the prosecution and has not found the version of the victim to be credible or reliable on account of various contradictions noticed in her version. So far as P.W.-1 is concerned, he has not been found to be an eye-witness and his version has been found to be based only upon the disclosure made by the victim. The trial Court has laid emphasis on the fact that though the First Information Report was lodged after the return of the victim, from Punjab, and the facts were narrated by the victim to the informant, yet there was no disclosure made initially with regard to any sexual assault. The subsequent version of sexual assault has been doubted on account of it being an improvement. The trial Court has noticed that in her statement before the doctor, the victim had alleged that she had sustained 10-12 injuries on her hands and toes etc. but no such injuries have been found on her, the only injury found on her cheek has not been complained of or disclosed to the doctor. The trial Court has doubted the statement of the victim on the ground that if four persons forcibly dragged the victim and caused injuries to her it would be difficult to believe that no injuries would be found on the victim when she was medically examined. The medical age of the victim has, otherwise, been found to be 19 years. It has also been alleged by the accused under Section 313 Cr.P.C. that there was a land dispute going on between the informant and the accused persons and, therefore, possibility of false implication can not be ruled out. The defence of the accused, otherwise, was that he was working in a company at Mohali at Punjab and was not even present at the place of occurrence. Enmity having been noticed, the trial Court has opined that it is a double edge sword which can go both ways. Upon evaluation of the evidence placed on record, the trial Court has found material contradictions in the version of the victim, which is otherwise not supported by the medico legal report. There are no independent witnesses. The trial Court in such circumstances has granted benefit of doubt to the accused and has consequently acquitted him.
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 :- 12.12.2023
SP/-
