Allahabad High Court
State Of U.P. vs Irfaan S/O Kamruddin And 03 Others on 21 July, 2023
Bench: Ashwani Kumar Mishra, Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:145632-DB
Court No. - 46
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 82 of 2022
Appellant :- State of U.P.
Respondent :- Irfaan S/O Kamruddin And 03 Others
Counsel for Appellant :- Shiv Kumar Pal
Counsel for Respondent :- Mohammad Zakir
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Delay in filing of the appeal has been explained to the satisfaction of the Court.
Application 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 18.6.2022, passed by Additional Sessions Judge, Fast Track Court No.2, Bulandshahar, in Sessions Trial No. 614 of 2018 (State Vs. Irfan and others), arising out of Case Crime No.593 of 2018, under Section 342, 376-D IPC, Police Station Sikandrabad, District Bulandshahar.
Informant in the present case is the victim, who made a written report to Inspector, Sikandrabad on 1.7.2018, stating that she is a resident of District Baghpat and had come to Delhi for purchasing clothes for her children. She sat in a bus at about 8.00 from Delhi for going to Baraut but later she found that she has boarded a wrong bus, which took her to Sikandrabad from where she had to go Dankaur and then go to Baraut by train. While she started moving on Dankaur Road, the four accused enquired as to where she is going and after she told of her story they offered her Banana and cold drink and said that she can stay at their house along with their mother and sister and perform the domestic work for which she would be paid. Later the accused subjected her to sexual assault. Pursuant to the aforesaid report the victim was medically examined by PW-2 and her statement was also recorded under Section 164 Cr.P.C. After the evidence was led during the course of trial, the court below has held that the prosecution has failed to establish its case against the accused beyond reasonable doubt.
We have been taken through the judgment of acquittal by the learned AGA, which extensively refers to the statement of victim, who has been examined as PW-1. Material contradictions in her version has been noticed, inasmuch as the victim came forward with two distinct versions, inasmuch as in one version she claimed that she left by bus at 8.00, whereas in other version she claimed that she left after purchasing clothes at about 11.00. The victim also stated that though she travelled by bus but she did not enquire as to whether she is sitting in the right bus nor she purchased any tickets and the court below denied her version of having travelled 85 Kms. by bus without being checked by the ticket checker and even without enquiring from the fellow passengers about the place where the bus was moving. The trial court has also doubted the victim's testimony when she claimed that she was forcibly made to eat Banana and cold drink by the accused, since she was in a public place and it was difficult to accept her version that none from the nearby area came forward to her rescue. The court below also found that on the one hand victim claimed that she was intoxicated, yet in the same breath she remembered all the details about the incident and has specified the manner of commissioning of offence in great details. It has also been noticed that none of the accused were known to the victim from before and in her statement under Section 164 Cr.P.C. she has not taken the name of any of the accused. The medical examination report of the victim also does not support commissioning of sexual assault upon her and the supplementary medical report did not demonstrate existence of any spermatozoa or semen etc. Certain external injuries on the thigh etc. has not been found to be such as it may substantially support the prosecution case. The victim otherwise is a married lady and claimed that she had gone all alone from Baraut to Delhi for purchasing clothes. In one version she stated that she came after purchasing clothes and in other version she returned empty handed. All these contradictions have been noticed by the trial court in order to return a finding that prosecution has failed to establish the guilt of the accused beyond reasonable doubt and has, accordingly, acquitted the accused.
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 :- 21.7.2023
Anil
