Allahabad High Court
State Of U.P. vs Shyamveer S/O Mahesh Chandra on 18 October, 2023
Bench: Ashwani Kumar Mishra, Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:201675-DB
Court No. - 46
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 288 of 2023
Appellant :- State of U.P.
Respondent :- Shyamveer S/O Mahesh Chandra
Counsel for Appellant :- Ashutosh Kumar Sand
Counsel for Respondent :- Raju Kanaujia
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 25.1.2023, passed by Additional Sessions Judge/Trying Rape Cases (POCSO), Etawah, in Special Case No.622 of 2020 (State Vs. Shyamveer), arising out of Case Crime No.141 of 2020, under Section 363, 366, 376 IPC & Section 3/4 POCSO Act, Police Station Chaubia, District Etawah.
Informant, who happens to be the father of the victim, has lodged a report on 15.6.2020 at 9.38 in the morning stating that his minor daughter, aged 17 year 4 month 25 days, has been enticed by the accused on 14.6.2020 on the false pretext of marriage. The victim has taken with her a gold chain, two rings and Rs.7,500/- cash. The victim, however, was not traced. The investigation proceeded in the matter and ultimately the victim was recovered and her medical examination was conducted at the district hospital. The victim informed the doctor that she had voluntarily eloped with the accused and had solemnized marriage and that no offence has been committed upon her. In the statement under Section 164 Cr.P.C. also, the victim has not supported the prosecution case and has clearly stated that she had voluntarily left with accused and they have solemnized marriage. The victim has also stated that she has no grievance against the accused.
During the course of trial, however, the victim has taken a different stand, as per which she was enticed by the accused, who took her to different places and ultimately marriage was also performed at Delhi. She has, however, stated that physical relations were formed between the parties and that on the date of offence she was a minor.
Trial court has evaluated the evidence on record and has found that the victim has not been consistent, inasmuch as in her statement under Sections 161 and 164 Cr.P.C. she has clearly not supported the prosecution case. The initial version of victim was that she had voluntarily left with accused and that she was in love with him and performed the marriage, and that such marriage was actually performed at Delhi. The victim has been medically examined in which no external or internal injury has been found. The victim's hymen was found old torn. In the opinion of the doctor, no definite conclusion with regard to physical relations would be returned in the facts of the present case. Trial court although has noticed that as per the High School certificate the victim was few months below 18 years of age but her testimony about committing of offences under Section 363, 366 IPC are not clearly established, as the testimony of victim herself was not found entirely trustworthy. The fact that initial version of the victim was entirely distinct from what was disclosed by her, later, during the trial has been taken as one of the grounds not to treat the victim as reliable. The trial court has also noticed the fact that medical examination otherwise does not corroborate that there was any offence committed in terms of various provisions of the Indian Penal Code. It has otherwise come in evidence that subsequent in point of time the victim has already been married to someone else and she is happily living with him. A quietus has been given to the matter in issue. 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 :- 18.10.2023
Anil
