Court No. - 32
Case :- GOVERNMENT APPEAL No. - 3490 of 2012 Appellant :- State Of U.P.
Respondent :- Bhatuwa And Another Counsel for Appellant :- Govt. Advocate
Hon'ble Shashi Kant Gupta,J. Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State appellant/applicant and perused the record.
This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 07.06.2012, passed by Additional Sessions Judge, Court No. 16, Bulandshahar in Sessions Trial No. 780 of 2011 (State Vs. Bhatuwa and Another), arising out of Case Crime No. 136 of 2011, under Sections 342 & 307 IPC, P.S. - Shikarpur, District - Bulandshahar, whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above.
Learned A.G.A. appearing on behalf of State- applicant/appellant submits that the Trial Court has neither properly appreciated the prosecution case nor properly weighed and assessed evidence produced by it. The Trial Court has erroneously acquitted the accused-respondents. The impugned judgment and order is wrong, illegal, not sustainable in the eyes of law and is liable to be set aside.
A perusal of the impugned judgment and order of acquittal passed by the Court below as well as material available on record reveals that two children namely Sameer and Dainy were detained by the accused-respondents in their house by putting them in a bag (bori) tied by plastic rope. The aforesaid children were rescued by complainant namely Shakeel - PW-1 and witness Pravesh - PW-2. It is established from the evidence available on record that at the time of recovery of children they were in their senses and no injury was found on their person. There are contradictions in the statements of Husnbano-PW-3 and Investigating Officer S.I. Shyam Sunder-PW-5 on the point of recovery of bag and plastic rope, which makes the recovery of above items doubtful. Moreover, above recovered items were not produced before the court below. It has also come in evidence that before the incident accused-respondents and parents of victims were not at good terms. No medical examination of both the children has been conducted. There is no independent witness of the incident, though it took place in a densely populated area. The witnesses which have been examined by the prosecution are the victims and their family members only.
Considering the above aspects of the matter alongwith other facts and circumstances of the case and evidence available on record, the learned Trial Court has passed the judgment and order impugned.
Learned A.G.A. could not demonstrate that the observations of the Court below while acquitting the accused respondents were factually incorrect.
We do not find any factual or legal error in the assessment of evidence by the court below while acquitting the accused respondents. Moreover, the view taken by the court below is a possible view. The court below has given cogent, convincing and satisfactory reasons while passing the order of acquittal.
We, therefore, do not consider it to be a fit case for grant of leave to appeal to the applicant.
The application seeking leave to appeal is, accordingly, rejected and, consequently the appeal is also dismissed.
Order Date :- 30.10.2018 A. Verma