The High Court dismissed this leave application against an order from the Sessions Court acquitting accused under Sections 363 and 366 IPC. The Court found no infirmity as the victim claimed to be 19 and voluntarily married the accused.
Leave to appeal was rejected and the appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2305 of 2009
Appellant :- State Of Uttar Pradesh Respondent :- Virsen And Others Counsel for Appellant :- Desh Ratan Chaudhary
Hon'ble Umesh Chandra Tripathi,J.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the judgment and order dated 27.9.2008 passed by learned Additional Sessions Judge, Court No.8, Muzaffar Nagar whereby the respondents/accused Virsen, Chatarsen and Ramvir were acquitted for the offence punishable under Sections 363, 366 IPC, Police Station Nai Mandi, District Muzaffar Nagar.
As per prosecution version, on 26.8.2001 at about 11:00 AM, accused Virsen, Chatarsen and Ramvir entered in the house and took away the victim aged about 14 years daughter of informant.
Prosecution has not produced evidence about the age of victim. Victim appeared before the trial court and stated her age about 19 years. She further stated that she had voluntarily gone with the Sanju and married with him.
Accordingly, I find no infirmity in the order impugned passed by the trial court.
In view of above, this application seeking leave to appeal is, accordingly rejected and, consequently the appeal is also dismissed .
Order Date :- 2.8.2018
AK Pandey
2 issues framed by the court
Whether the impugned order of acquittal of the accused under Sections 363 and 366 IPC is infirm.
Whether the testimony of the victim regarding the age of the victim and volontariness of relationship suggests infirmity in acquittal.
2 provisions across 1 enactments
State Of Uttar Pradesh
Virsen
Chatarsen
Ramvir
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
