Court No. - 66
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 172 of 2019 Applicant :- Resham Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jalaj Kumar Tripathi,Saurabh Tripathi,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A.
The present leave to appeal application has been filed by the appellant againsst the judgement and order dated 21.2.2019 passed by 14th- Additional Session Judge, Bareilly in S.T. No. 207 of 2017, (State vs. Krishna) arising out of Case Crime no. 266 of 2016, u/s 363, 366 IPC, P.S. Bahedi, District Bareilly.
Learned counsel for the applicant submitted that the trial court has illegally acquitted the opposite party no. 2 though there was ample evidence on record that he had kidnapped minor daughter of first informant PW-1 Resham Singh and the victim has not been recovered till date. He has further submitted that PW-2 Smt. Santosh Kaur and PW-3 Sandeep Kaur have fully supported the prosecution version that it was the opposite party no. 2, who had kidnapped the victim Pooja aged about 16 years after enticing her.
I have carefully gone through the impugned judgement and order whereby the opposite party no. 2 has been acquitted by the trial court; the learned trial Judge has recorded a finding that there is absolutely no evidence led by the prosecution that the victim Pooja was seen going along with opposite party no. 2 at any point of time by any witness and merely because the victim has not been recovered till date it cannot be inferred that the opposite party no. 2 was involved in the alleged kidnapping; the learned Judge has further recorded that the accused has been implicated solely on the basis of suspicion and practically it is a case of no evidence.
In the light of the aforesaid, leave to appeal is hereby rejected. Consequently the appeal also stands dismissed.
Order Date :- 25.4.2019 Dhirendra/