Allahabad High Court
State Of U.P. vs Mohd. Akhtar S/O [email protected] on 23 January, 2023
Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 13 of 2023
Appellant :- State of U.P.
Respondent :- Mohd. Akhtar S/O [email protected]
Counsel for Appellant :- Shiv Kumar Pal
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Shiv Shanker Prasad,J.
Delay in filing of the appeal has been explained to the satisfaction of the Court. Application for condonation of delay is allowed. Delay in filing of appeal is condoned.
This appeal is by State alongwith an application for grant of leave to challenge the judgment of acquittal dated 23.4.2022, passed by Additional District & Sessions Judge/Special Judge (POCSO Act), Court No.2, Varanasi, in Special Session Trial No.161 of 201 (State of U.P. Vs. Mohd. Akhtar), arising out of Case Crime No.115 of 2016, under Section 363, 366-Ka, 376 IPC & Section 4 POCSO Act, Police Station Lohta, District Varanasi.
As per the prosecution case the father of the minor victim submitted a report on 12.8.2016 stating that his daughter has been enticed by the accused, who are engaged in trafficking of innocent young girls. The investigation proceeded in the matter and ultimately a chargesheet was submitted, whereafter the case was committed to the concerned court by the magistrate. It may be noticed that during the course of investigation the statement of victim was recorded under Section 164 Cr.P.C., as per which she was 17 years of age and had gone with accused Mohammad out of her own will and this fact was not disclosed to the family members. However, the victim has stated that she did not know Ibrahim, Nuruddin and Raju. She has stated that she left with accused on her own accord. The victim in her statement under Section 164 Cr.P.C., therefore, has not supported the prosecution case. The victim has later married the accused.
At the stage of trial although the victim has been found minor but no external or internal injuries have been found on the victim. The victim although supported the prosecution case in her examination-in-chief but has clearly turned hostile in the cross-examination. The father of victim (PW-2) has also turned hostile and has not supported the prosecution case.
On the basis of evidence led during the course of trial the court below has found that offfences alleged against the accused are not proved, and consequently the accused has been acquitted of the charges levelled against him under Section 363, 366-Ka, 376 IPC & Section 4 POCSO Act.
Learned AGA although has tried to submit that the offence stands proved in view of the statement of victim at the stage of examination-in-chief but it remains undisputed that the victim has not supported the prosecution case at the stage of cross-examination. The victim has not been subjected to re-examination thereafter. It remains undisputed otherwise that the victim has married the accused. In such circumstances, the view taken by the court below to acquit the accused is clearly a permissible view, 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 and for the reasons recorded above 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 :- 23.1.2023
Anil
