State Of U.P. vs Manoj S/O Netrapal
2023 Latest Caselaw 1458 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- GOVERNMENT APPEAL No. - 16 of 2023
 

 
Appellant :- State of U.P.
 
Respondent :- Manoj S/O Netrapal
 
Counsel for Appellant :- Shiv Kumar Pal
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

This appeal is by the State alongwith an application for grant of leave to challenge the judgment and order dated 01.10.2022 passed by learned Additional Sessions Judge/ Additional Judge (POCSO Act)/ Court No.2, District Bulandshahr in Special Case No. 1972 of 2016 (State of U.P. Vs. Manoj), arising out of Crime No. 875 of 2016, under Sections 366, 376 I.P.C. and Section 4 POCSO Act, Police Station Bahsooma, District Meerut, whereby the accused-respondent has been acquitted of the charges leveled against him.

Pursuant to a direction issued by the Magistrate under Section 156(3) Cr.P.C. the first information report was lodged wherein the allegation was that the victim has been enticed away by the accused on 15.10.2015 and father and brother of the accused are also involved. Apprehensions were expressed with regard to safety and well being of the victim. During the course of investigation offences under Sections 366, 376 I.P.C. and Section 4 POCSO Act were also added while submitting the charge-sheet.

The trial proceeded in the matter wherein it was stated by the victim herself that on the very next day of alleged enticement the victim got married to the accused. The age of the victim has been determined as 19 years and she has stated that physical relations were formed between the parties out of their love and affection towards each other. The medical evidence also does not support commissioning of offence of rape. It has otherwise come on record that the victim and the accused-respondent after their marriage are blessed with a daughter and are living peacefully. Taking note of such facts the trial court has acquitted the accused-respondent.

Having examined the records of the case, we find absolutely no perversity or illegality in the order of acquittal passed by the court below and no triable issue is otherwise shown to arise in the facts of the case. The couple must be allowed to live peacefully as they are blessed with a baby girl.

Prayer made for grant of leave under Section 378(3) Cr.P.C. is declined.

The present government appeal consequently fails and is accordingly, dismissed.

Order Date :- 13.1.2023

Abhishek Singh