This is an appeal against a judgment where the trial court acquitted accused persons. The High Court condoned the filing delay but dismissed the appeal, holding that the trial court correctly appreciated facts and no case for interference was made out.
Dismissed the government appeal against the order of acquittal.
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.
Neutral Citation No. - 2024:AHC-LKO:51817
Court No. - 11
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 9 of 2024 Appellant :- State Of U.P. Thru. Prin. Secy. Home Lko. Respondent :- Saddam Husain And 2 Others Counsel for Appellant :- G.A.
Hon'ble Abdul Moin,J.
(I. A. No. 1 of 2024)
This is an application for condonation of delay in filing of Government Appeal.
Heard.
On due consideration, the application is allowed.
The delay in filing the Government Appeal is condoned.
Let regular number be allotted to this government appeal.
Order on the main Appeal
Heard.
The instant government appeal filed by the State has been filed being aggrieved against judgement and order dated 26.02.2024 passed by Additional Sessions Judge, Court No. 6 / Special Judge (Gangster Act), Pratapgarh in Sessions Trial No. 137 of 2016 relating to Case Crime No. 69 of 2015 under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
The contention of learned A.G.A. is that the learned trial court has failed to appreciate that in the cases lodged against the respondent under Section 376D IPC, the victim turned hostile which itself is indicative of the terror which the respondents are exercising in the area and over the victim.
This aspect of the matter has been considered threadbare by learned trial court and after considering the same it has concluded that no case against the respondents is made out.
No other ground has been urged by learned A.G.A. appearing for the appellant.
Considering the judgement passed by learned court below wherein all the facts and evidences have been thrashed out, no case for interference with the order passed by the learned court below is made out.
Accordingly, the government appeal is dismissed. Order Date :- 30.7.2024 J. K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether delay in filing the Government Appeal should be condoned.
Whether this Court is justified in interfering with the impugned order dismissing the criminal trial.
Whether the contended failure to appreciate hostility of victims establishes the terror required under the Gangster Act.
2 provisions across 2 enactments
State Of U.P. Thru. Prin. Secy. Home Lko.
Saddam Husain And 2 Others
Abdul Moin
Jeshu Kumar Dinkar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
