State Of U.P. vs Arjun S/O Omkar
2023 Latest Caselaw 8194 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 151 of 2023
 

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

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Vinod Diwakar,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 29.09.2022, passed by Additional Sessions Judge/Special Judge, POCSO Act, Court No. 3, Budaun in Sessions Trial No. 135 of 2015 (State of U.P. Vs. Arjun), arising out of Case Crime No. 434 of 2015, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Kunwargaon, District Budaun.

Prosecution case proceeds on the information of the father of the victim who has alleged that his daughter, aged 15 years, has been enticed by the accused. The victim has taken various ornaments and Rs. 37,000/- cash from the house. The victim went untraceable since 7.9.2015 and when she could not be traced the FIR was lodged in the matter. Investigation concluded with submission of a chargesheet against the accused under Sections 363, 366, 376 IPC read with Section 3/4 POCSO Act.

The trial commenced in the matter in which the statement of PW-1 was recorded as per whom the accused used to visit his house and had enticed the victim who had left alongwith valuable articles and jewellery. The victim was later recovered and her statement was recorded under Section 164 Cr.P.C. and was also medically examined. In the cross examination. PW-1 has stated that the victim had left with the accused to see a fair and later fled with him to marry. This fact came later to the notice of PW-1. He also stated that the report was lodged on the information received from the villagers and that her daughter had actually left with the accused for marrying him. PW-2 is the mother of the victim who has come up with a different version of the incident. The victim has been produced as PW-3, who has stated that she is in love with the accused and also solemnized marriage with the accused. The victim has been medically examined wherein her age has been found to be 19 years and no external or internal injuries were found on the victim.

The trial court upon evaluation of evidence on record has come to the conclusion that the victim herself has not supported the prosecution case and no external or internal injuries otherwise have been found on her. It was found a case of consensual relationship between the accused and the victim who have later solemnized marriage and are living together. In such circumstances, the trial court has returned a finding that prosecution has not been able to establish the guilt of accused beyond reasonable doubt. Neither any perversity is shown in the judgment nor any error of fact is pointed out. No triable issues are otherwise shown to arise in the facts of the present case, which may require this Court to grant leave for laying challenge to the impugned judgment. Prayer made for grant of leave is, accordingly, refused and the appeal is consigned to records.

Order Date :- 21.3.2023

Ranjeet Sahu