Allahabad High Court
State Of U.P. vs [email protected] S/O Raghunandan on 24 February, 2023
Bench: Ashwani Kumar Mishra, Vinod Diwakar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- GOVERNMENT APPEAL No. - 106 of 2023
Appellant :- State of U.P.
Respondent :- [email protected] S/O Raghunandan
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 2.11.2022, passed by the court below in Sessions Case No.1378 of 2020 (State of U.P. Vs. Pradeep alias Pradul), arising out of Case Crime No.196 of 2020, under Section 376(3), 506 IPC & Section 3(Ka)/4 POCSO Act, Police Station Khanpur, District Bulandshahar.
As per the prosecution case in respect of an incident occurring on 15.7.2020 an FIR has been lodged on 18.7.2020, according to which the minor victim aged 13 years has been sexually assaulted by the accused, who happens to be employed in the Canteen run in the school of the victim. The incident was later reported to the family members and on enquiry from the victim the FIR has been lodged. Ultimately the investigation concluded with submission of chargesheet against the accused under Section 376(3), 506 IPC & 3(Ka)/4 POCSO Act.
At the stage of trial the victim has been produced, who has not supported the prosecution case and has turned hostile. Doctor (PW-4) although has opined that the victim was a minor but has not found any external or internal injury on her. The hymen of the victim was found intact. The father of the victim has also stated that only on the information received from the villagers the report was lodged. There was thus neither any support to the prosecution case by the victim nor the medical report otherwise corroborated the alleged incident. Upon evaluation of evidence led in the matter the trial court has thus come to the conclusion that the prosecution has failed to establish the guilt of the accused beyond reasonable doubt. The statement of prosecutrix was otherwise not found credible or reliable.
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
