State Of U.P. vs Shakeel S/O Jaheer And 03 Others
2023 Latest Caselaw 9110 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- GOVERNMENT APPEAL No. - 196 of 2023
 

 
Appellant :- State of U.P.
 
Respondent :- Shakeel S/O Jaheer And 03 Others
 
Counsel for Appellant :- Shiv Kumar Pal
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Vinod Diwakar,J.

This appeal is by State alongwith an application for grant of leave to challenge the judgment of acquittal dated 21.12.2022, passed by Special Judge (POCSO Act)/Additional Sessions Judge, Bulandshahar, in Special Sessions Trial No.63 of 2014 (State Vs. Shakeel and others), arising out of Case Crime No.231 of 2014, under Section 363, 366, 120-B, 506 IPC & Section 4 of POCSO Act, Police Station Dibai, District Bulandshahar.

As per the prosecution case, the victim aged 17 years was seen talking to the accused about 15-20 days earlier and the informant scolded them. On 26.4.2014 at 2.30 pm the victim has then been enticed by the accused. The informant later came to know of it and accordingly lodged a first information report on 29.4.2014. The investigation ultimately concluded with submission of a chargesheet against the accused.

The trial proceeded in which one of the issues was with regard to determination of age/date of birth of the victim. In her statement under Section 164 Cr.P.C. the victim described her age as 17 years. In the cirtificate issued by the Chief Medical Officer her age has been found to be 18 years. The High School Certificate of victim has also been produced, as per which her date of birth is 14.7.1996 and therefore on the date of incident she was about 17 years 09 months. The victim, however, has not supported the prosecution case at the stage of trial. The victim has clearly stated that she has not been enticed by the accused and she was pressurized to give a false statement under Section 161 Cr.P.C. The mother of the victim has also turned hostile. The medical report does not demonstrate existence of any external or internal injuries. Upon evaluation of evidence so led in the matter the trial court has thus come to the conclusion that the prosecution has failed to establish the guilt of the accused beyond reasonable doubt and has, accordingly, acquitted the accused.

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. 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 :- 28.3.2023

Anil