Allahabad High Court
State Of U.P. vs Zubair S/O Sajid And Another on 21 March, 2023
Bench: Ashwani Kumar Mishra, Vinod Diwakar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 150 of 2023
Appellant :- State of U.P.
Respondent :- Zubair S/O Sajid And Another
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 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 27.08.2022, passed by the Additional Sessions Judge/Fast Track Court, Meerut in Sessions Trial No.965 of 2017 (State Vs. Zubair and another), arising out of Case Crime No.414 of 2017, under Sections 376D, 328, 506 IPC, Police Station Lisari Gate, District Meerut.
As per the prosecution case, the victim is a poor lady whose mother has died and her father is an old person and her brother is mentally challenged. Victim alleges that about three years back the accused on a false promise of marriage established physical relations with her and she has been sexually assaulted since then and a video has also been allegedly prepared. The victim was threatened that if she protested her video would be made viral and she would not be able to show her face to anyone in the society.
On the basis of investigation conducted in the matter a charge-sheet was submitted against them under Sections 376D, 328, 506 IPC. The court concerned took cognizance and framed charges under the aforesaid sections against the accused, who denied their implication in the matter and demanded trial.
During the course of trial the victim has supported the prosecution case. As per her, she got married earlier but the marriage lasted only for three months. The accused is a relative of her previous husband, who allegedly extended promise of marriage to the victim and on a false assurance established physical relations with the victim which continued for almost three years. The victim, however, has turned hostile at the stage of cross examination. She has stated that she wanted to marry Zubair as she was a divorcee but since he refused to marry her as such on account of stress and depression she made accusations against the accused. She has also stated that neither any video was prepared nor any such incident actually occurred. She has also stated that it was under pressure that she gave her statement under Section 164 Cr.P.C. The victim has been medically examined and no external or internal injuries have been found on her and she otherwise was found a major.
Upon evaluation of evidence so led in the matter the trial court has come to the conclusion that the prosecution has failed to establish the guilt of the accused beyond reasonable doubt. The trial court has also directed proceedings to be initiated against the victim for giving false evidence before the court.
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. The investigation has also been shrouding as relevant witnesses have not been investigated. 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 :- 21.3.2023
Ranjeet Sahu
