Allahabad High Court
State Of U.P. vs Surjeet And 3 Others on 29 May, 2024
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:97905-DB
Court No. - 42
Case :- GOVERNMENT APPEAL No. - 229 of 2024
Appellant :- State of U.P.
Respondent :- Surjeet And 3 Others
Counsel for Appellant :- A. K. Sand
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Mohd. Azhar Husain Idrisi,J.
This appeal is by State alongwith an application for grant of leave to challenge the judgment of acquittal dated 2.2.2024, passed by the court below in Sessions Case No.701 of 2023 (State Vs. Surjeet & Ors.), arising out of Case Crime No.1054 of 2022, under Sections 354, 323, 504, 376 IPC, Section 3/4 POCSO Act and Section 67 of I.T. Act, Police Station Quarsi, District Aligarh.
According to the informant victim is a student of class 11th and her date of birth is 21.9.2005. She was being harassed by the accused whenever she used to return from the school. On one of the days the victim was offered some substance, whereafter attempt was made to outrage her modesty and her photographs were also clicked on the basis of which the victim has been blackmailed. The victim informed such facts to the informant and told that she has no other option but to commit suicide. The victim lodged a report whereafter the uncle of the accused, who was a corporator belonging to the ruling party intervened on account of which the matter was amicably resolved. It is alleged that subsequently the photographs of the victim were made viral but no action was taken on account of intervention of the influential persons.
On 24.10.2022 at about 11.00 PM the accused again tried to forcibly abduct the victim and on her raising alarm victim's brother intervened and the victim's brother and other family members were dragged in the lane and physically assaulted. Somehow the informant and his family members could protect themselves. Complaint was made in the matter but nothing was done. Again the family members of the victim were threatened and assaulted with brickbats etc. on the ground that accused persons had access to the ruling party. Various persons allegedly sustained injuries. It is with this allegations that Case Crime No.1054 of 2022 has been registered under Sections 147, 328, 354, 323, 504 IPC read with 7/8 POCSO Act and Section 67 of Information Technology Act. After the investigation was concluded charge-sheet was submitted against the accused Surjeet under Sections 354, 504, 376 IPC read with 3/4 POCSO Act and Section 67 of Information Technology Act and against the accused Rajendra Chauhan, Vivek and Rohit under Sections 323, 504 IPC. The concerned Court took cognizance upon committal and framed charges in the aforesaid sections which were denied by the accused, who demanded trial.
The victim has been produced as PW-1. Her statement under Section 164 Cr.P.C. was also recorded which has been exhibited as Ka-2. The victim was also medically examined in which no external or internal injuries have been found on her. The victim admittedly was a minor. However, on the basis of medical report the allegations of physical assault or attempt of rape upon the victim is not substantiated.
Apart from the victim her father and other witnesses have also been examined during trial. The trial court has disbelieved the version of victim after noticing all the evidence primarily because the victim could not specify the location or the manner in which the alleged incident was committed. There was no corroboration of the allegation, inasmuch as none of the independent persons have come forward to support the prosecution case even though allegation was that it was in public lane that the victim was assaulted and harassed.
During the course of investigation it has come on record that there was a fight between informant's side and the accused person for some other reason and the police was informed on helpline no.112. The police came on the spot and found that brickbats were being thrown from rival sides by persons, who had gathered in support of one or the other side. The material on record shows that though group fight was reported but no allegation was made with regard to outraging the modesty of the victim nor rape was even alleged or prima facie indicated in the police report. No video or details of alleged obscene photographs of victim have been placed on record during trial. The victim also feigned ignorance of the place where such video was prepared. The victim in fact during cross-examination has doubted whether at all any such video was prepared. The trial court on the basis of evidence on record has concluded that there was apparently a fight between two groups in the area and merely with an intent to give color to the controversy that the plea of outraging the modesty of the victim and sexual harassment etc. was introduced. The trial court has, therefore, found that the plea of sexual assault or harassment to the victim has not been substantiated during trial. Benefit of doubt has been given to the accused persons by returning a finding that prosecution has failed to establish its case beyond reasonable doubt.
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 :- 29.5.2024
RA
