The High Court refused leave to appeal filed by the State against an acquittal. Finding no perversity or infirmity in the lower court's decision to acquit the accused despite prosecution claims, the appeal and the application were dismissed.
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Court No. - 4 Criminal Misc. (Leave to Appeal) Application No. ............... of 2018
IN Case :- GOVERNMENT APPEAL No. - 553 of 2018
Appellant :- State Of U.P. Respondent :- Naresh Counsel for Appellant :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Gupta,J.
Heard learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant is seeking leave to file an appeal against the part of judgement and order dated 25.01.2018 passed by the learned Additional Session Judge/Fast Track Court, Court No. 1, Aligarh in Sessions Trial No. 1358 of 2010 (State of U.P. Vs. Naresh), arising out of Case Crime No. 331 of 2009, under Sections 363, 366 and 376 I.P.C., P.S.- Gabhana, District- Aligarh, by which the accusedrespondent, Naresh has been acquitted for the offence punishable under the sections referred to above.
Learned A.G.A. submitted that the finding of acquittal recorded by the learned trial Judge is against the weight of evidence on record. It is proved from the evidence of P.W.3 Nahar Singh that the victim, Neelam on the date of the incident, was minor and she had been kidnapped by the accused-respondent who had also committed rape on her. Thus, the finding of acquittal recorded by the trial Judge cannot be sustained and is liable to be set-aside.
After having heard the learned A.G.A. and perused the impugned judgement and order, we find that the learned trial Judge, after taking into account the statement of the victim Neelam recorded during the trial as well as her statement recorded u/s 164 Cr.P.C. and also the fact that the victim Neelam was married to accused-respondent, Naresh and was living happily with him as his wife, came to the conclusion that the prosecution had failed to prove the charges framed against the accused-respondent, Naresh and proceeded to acquit him of the charges.
In our opinion, the finding of acquittal recorded by the learned trial Judge does not suffer from any illegality, perversity or infirmity requiring any interference by this Court. We do not find any compelling reason to take a view different from that taken by the learned trial Judge, on the basis of the material on record.
Accordingly, leave to appeal is refused and the application stands dismissed.
Order Date :- 22.5.2018 KS
Court No. - 4
Case :- GOVERNMENT APPEAL No. - 553 of 2018
Appellant :- State Of U.P. Respondent :- Naresh Counsel for Appellant :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Gupta,J.
Since the aforesaid application seeking leave to appeal is dismissed, the appeal also stands dismissed as such.
Order Date :- 22.5.2018 KS
1 issue framed by the court
Whether leave to appeal against an acquittal should be granted in a rape and abduction case.
State Of U.P.
Naresh
Bala Krishna Narayana
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
