Court No. - 47
Case :- GOVERNMENT APPEAL No. - 409 of 2013 Appellant :- State Of U.P. Respondent :- Basdev & Others Counsel for Appellant :- A.G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Additional Government Advocate for the appellant.
This appeal has been filed against the judgment of acquittal dated 9.10.2010 passed by Additional Sessions Judge, Aligarh in S.T. No.1014 of 2007 (State vs. Basdeo and others) arising out of Case Crime No.294 of 2007 under Sections 363, 366, 376, IPC, P.S.Atrauli, district Aligarh.
On the complaint of Smt. Kishan Pyari (PW-1) an F.I.R. was initially registered as Case Crime No.294 of 2007 under Section 363, 366, I.P.C. In the F.I.R. it has been stated that on 14.3.2007 at about 4-00 P.M. the complainant had gone for doing work and her daughter Km. Rakhi aged about 14 years was alone at the house. The neighbourers of the informant Pooran, Smt. Dandei, Smt. Kusama and Basdeo enticed Rakhi, abducted her and sent her with the accused Brahmachari, resident of village Sekhpura Satkana, P.S. Dado, district Aligarh.
The victim was recovered on 16.5.2007 and then her statement under Section 164, Cr.P.C. was recorded in which she had supported the prosecution story. The police, thereafter submitted charge sheet against the respondents under Sections 363, 366, 376, IPC During trial the prosecution examined Smt. Kishan Pyari as PW-1, Km. Rakhi as PW-2 and formal witnesses Dr.S.K. Gupta as PW-3, Pramod Kumar Katiyar, Investigating Officer as PW-4, Constable Clerk Mool Chand as PW-5 and Dr. Usha Jain as PW-6.
Dr. Usha Jain (PW-6) had conducted medical examination of the victim after her recovery. The medical report shows that she did not have any external or internal injury on her body and no sign of rape was found. In the medical report, the age of the victim was found to be 16 years and six months. The victim Km. Rakhi in her statement in court in her cross examination had stated that she had voluntarily gone with the accused Brahmchari. The trial court found that two years benefit was liable to be given to either of the parties and gave two years benefit to the accused and held her age as 18 to 19 years on the date of the incident and since she had stated in cross examination that she had gone voluntarily with the accused Brahmachari as such it has been proved that the victim was major and of her own free will she had gone with accused Brahmachari. By the impugned judgment charges against the respondents were not proved and they were acquitted. Hence, this Government Appeal has been filed.
We have considered the arguments of the Additional Government Advocate.
Apart from the medical report there is no contradiction in evidence relating to age of the victim. By giving two years benefit and on the basis of statement of the victim that she had gone voluntarily gone with the accused Brahmachari, trial court found that the prosecution case has not been proved and has acquitted the accused. In such circumstances, the trial court has not committed any error in passing the impugned judgment. No interference is required by this Court. The application for leave to appeal is rejected and consequently the appeal is dismissed.
Order Date :- 28.11.2018 mt