This application under Section 372 Cr.P.C. has been filed by Ramveer Soni-informant victim against State of U.P. and three others as appeal against judgment of acquittal delivered by Court No. 13, Additional District and Sessions Judge, Agra, in Sessions Trial No. 544 of 2006 (State Vs. Sonu @ Yogesh and others) arising out of Case Crime No. 170 of 2004, under Section 387, 506 and 120-B I.P.C., P.S. Rakabganj, District Agra. Leave to file appeal by victim-informant against judgment of acquittal, required under Section 378(3) Cr.P.C. has been prayed for.
Learned AGA for the State is having no objection.
Heard Sri Lalit Srivastava, Advocate holding brief of Sri Pankaj Srivastava, learned counsel for the applicant and learned AGA for the State and perused the impugned judgment.
It is apparent from the record that Case Crime No. 170 of 2004, under Section 387, 506, 120-B I.P.C. was registered at police station Rakabganj, District Agra upon the report of Ramveer Soni dated 30.7.2004 submitted before Senior Superintendent of Police, Agra. This case crime number was got investigated and after investigation, charge-sheet against Sonu @ Yogesh, Lokendra @ Lokesh and Ramveer Painter for offence punishable under Section 387, 506 and 120-B I.P.C. was filed. Magistrate took cognizance over it and offence was exclusively triable by Court of Sessions, hence, it was committed to Court of Sessions where charge was framed for those offences, read over and explained, which was pleaded not guilty, with a prayer for trial and prosecution had examined PW-1 Ramveer Soni, PW-2 Swaroop Devi, PW-3 Neelam Verma, PW-4 Abhay Singh, PW-5 Mohan Lal and PW-6 Rajesh Yadav. Documentary proofs before trial Court were exhibit Ex.Ka-1, Photo Ex.Ka-2, Photo Negative Ex. Ka-3, Application before S.S.P. Ex. Ka- 4, Charge-sheet, Ex. Ka-5 Sitemap Ex. Ka-6 and Ka-7, Chik FIR Ex. Ka-8, G.D. Entry of Police Station Ex. Ka-9, with material exhibit 1 and 2 i.e. newspaper, which was published. Accused persons were examined under Section 313 of Cr.P.C. in which they said that Neelam was under love affair but it could not be continued because of certain circumstances and owing to this fact, this false implication was there. DW-1 was examined and Court after hearing learned counsel for the both sides passed the judgment of acquittal.
None of prosecution witnesses turned hostile they have supported their version. It is appreciation of evidence by judge which resulted judgment of acquittal and the appreciation made in the judgment requires its hearing, hence, leave is being granted.
This appeal is being admitted.
Office to allot regular criminal appeal number to this file.
Issue bailable warrant worth Rs. 25,000/-, against each of accused namely, Sonu @ Yogesh, Lokendra @ Lokesh and Ramveer Painter through CJM, Agra for ensuring execution of same and presence of convict respondents before this Court either in person or through their counsel on 12.9.2019.
List on 12.8.2019.
In the meantime record of trial Court be summoned.
Order Date :- 26.7.2019 Kamarjahan