Dismissed

Suman Lata v. State of U.P. and 3 Others

Allahabad HC5 Jan 2023C372/1410/2022

Case brief

AI extract

What is this about?

Special Judge acquitted the appellant in a POCSO case involving family disputes over property. The High Court dismissed the appeal, holding the trial court correctly viewed the proceedings as a misuse of court process with malafide intentions linked to property litigation between family members.

What did the court decide?

The criminal appeal under Section 372 CrPC was dismissed without costs.

Suman Lata Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 87 Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 1410 of 2022 Appellant :- Suman Lata Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Sushil Kumar Dubey Counsel for Respondent :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Present appeal under Section 372 CrPC has been filed by the complainant against the judgment and oder dated 7.10.2022 passed by Special Judge (POCSO ACT) / Additional Session Judge, Ghaziabad in Criminal Case No. 101 of 2017 arising out of Case Crime No. 433 of 2017, under Sections 354-A(2), 354-A(4) IPC and Section 8 of POCSO Act, 2012, P.S. Kavinagar, District Ghaziabad.

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The prosecutrix is none other than real cousin of the accused respondent. The father of the accused appellant along with his family does not live in the house where the alleged incident had taken place. It is admitted case that the father of the accused appellant has instituted a case claiming his share in the house which is in occupation of the father of the prosecutrix. There are several cases lodged against each other in respect of the property. Even some cases are lodged for molestation against each other. The grandmother of the prosecutrix was allegedly in the house and has not supported the prosecution case. The prosecutrix as well as complainant have admitted the fact of litigation and several other cases.

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Learned trial court after considering the evidence, facts, circumstances and law vide detailed judgment and order impugned in the present appeal has acquitted the accused appellant as in the opinion of the learned trial court the prosecution has failed to establish the case against the accused respondents beyond reasonable doubt.

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I have gone through the judgment impugned passed in the present appeal and do not find that learned trial court has committed any error in appreciation of fact evidence or not. This Court is of the view that the criminal proceedings were nothing but misuse the process of the court and were instituted with malafide intention to achieve ulterior purpose. Since, the father of the accused respondent has instituted a case for his share in the property, the cases have been registered against each other. I find that there is no ground to entertain this appeal, and therefore, the present appeal is dismissed. However, without costs.

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[Dinesh Kumar Singh, J.]

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Order Date :- 5.1.2023/Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Suman Lata v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Suman Lata v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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