Allahabad High Court
State Of U.P. vs Shanu S/O Ateeq Ahmad on 24 February, 2023
Bench: Ashwani Kumar Mishra, Vinod Diwakar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- GOVERNMENT APPEAL No. - 96 of 2023
Appellant :- State of U.P.
Respondent :- Shanu S/O Ateeq Ahmad
Counsel for Appellant :- Shiv Kumar Pal
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Vinod Diwakar,J.
This appeal is by State alongwith an application for grant of leave to challenge the judgment of acquittal dated 11.11.2022, passed by Additional Sessions Judge/Fast Track Court (Women Protection Act), Pilibhit, in Sessions Trial No.609 of 2020 (State of U.P. Vs. Shanu), arising out of Case Crime No. 215 of 2020, under Section 323, 376, 452, 506 IPC, Police Station Sungarhi, District Pilibhit.
As per the prosecution case the informant's sister was all alone at her home on 19.6.2020 when the accused allegedly jumped the wall and by threatening her with a firearm subjected her to sexual assault. The FIR itself has been lodged on 27.6.2020 after a delay of nearly 7 days. The investigation concluded with submission of chargesheet against the accused under Section 323, 376, 452, 506 IPC. Cognizance was taken in the matter on 10.11.2020 and the case was committed to the court of sessions, where charges were framed in the aforesaid sections against the accused. The accused denied the charges and demanded trial.
The prosecution in addition to the documentary evidence produced has also brought on record the oral testimony of victim (PW-2), as well as the informant as PW-1. The doctor, who has examined the victim, has been produced as PW-8.
During the course of trial the victim has clearly admitted that she was having relations with accused for the last nearly 5 years. Though in her deposition in court the victim stated that on the false pretext of marriage, physical relations were formed but no such plea was taken in her statements under Section 161 and 164 Cr.P.C. It has also come in evidence that the accused and the victim had solemnized marriage and the Nikahnama was also registered. The victim admittedly was a major aged about 23 years. Trial court has also found that delay of about 7 days in lodging of FIR has not been explained. The statement of the victim has not been found credible and reliable and the material contradictions and embellishment have been found in her testimony. The trial court has also found that father and brother of the victim were in the house when the incident is said to have taken place. This assertion of the victim has not been found natural and probable, particularly as the place of incidence was a Verandah. Treating the relations to be consensuous between them and the incident not proved, the trial court has acquitted the accused of the charges levelled against him.
We have been taken through the judgment by the learned AGA, who submits that the trial court has not appreciated the evidence in correct perspective and that the findings returned by the court below are perverse.
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 :- 24.2.2023
Anil
