Court No. - 11
Case :- GOVERNMENT APPEAL No. - 8758 of 2008 Appellant :- State Of U.P. Respondent :- Gangaram And Another Counsel for Appellant :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Ratan Singh, learned AGA on the application for seeking leave to appeal against the judgment and order dated 11.8.2008 passed by Additional Sessions Judge/Fast Track Court No. 17 Bulendshahar in Sessions Trial No. 13 of 2005 (State vs Gangaram and others), under Sections 363 and 366 IPC, Police Station Kotwali Dehat, District Bulandshahar by means of which accused/respondents namelys Gangaram and Gajendra have been acquitted from the charges under Sections 363 and 366 IPC.
In nutshell the prosecution case is that on 7.03.2001 at about 9 a.m. when Km. Savita and her mother Budha Devi were going from village Patna Police Station Hapur District Gaziabad. When they reached near courtyard then Rishi and Ganga met them on their motorcycle Gangaram started conversation with Budha Devi and Rishi started conversation with Savita, Ganga lifted Savita and sitted her on the motorcycle holding her and Rishi driven the motorcycle. On the way they met Bupendra and Gajendra and they all four persons took her in the car. Learned trial court returned the verdict of acquittal on the ground that the prosecution has failed to prove the charge under Sections 363 and 366 against the accused respondents.
Perusal of the record shows that as per the medical report victim Savita was 18 years old on as per the prosecution on 7.4.2003 she was taken away by the accused and after three months she herself came back to her house. Prosecutrix has admitted that the accused Rishi appeared before the Allahabad High Court and kept her 7 days and has filed Criminal Writ No. 2778 of 2003 Rishi vs State and others in the High Court and has admitted that he obtained the order of the Hon'ble High Court staying the arrest of Rishi Kumar. P.W.-1 Sativa has admitted that ^^_f"k us esjB esa fookg cU/kukek fy[kok;k Fkk ftl ij mlds gLrk{kj djok;s FksA mlls 'kiFki= tcjjnLrh fy[kok;k x;k FkkA ftl le; fookgukek o 'kiFki= fy[kok;s Fks ml le; dpgjh esa dkQh yksx FksA ogka mlus fdlh ls ;g crkus dh dksf'k'k ugh dh fd vfHk;qDrx.k mls tcjnLrh yk;s gSA^^ Victim Savita went with Rishi with her own consent. She is major. Considering these facts it cannot be said that view taken by the trial court is not possible or plausible view. There is no perversity or illegality in the impugned judgment. Therefore application seeking the leave to file the appeal against the judgment and order dated 11.8.2008 is rejected. Consequently the appeal is rejected.
Order Date :- 23.8.2018 Ashutosh Pandey