Court No. - 52
Case :- GOVERNMENT APPEAL No. - 1202 of 2015 Appellant :- State Of U.P.
Respondent :- Krishna Alias Bahra Counsel for Appellant :- Govt.Advocate Counsel for Respondent :- Rakesh Kumar Srivastava
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Shri Nafees Ahmad, learned A.G.A. for the State of U.P.
This Government Appeal has been preferred against the judgement and order dated 10.7.2014, passed by the Additional District and Sessions Judge/Special Judge, SC.ST Act, Gautam budh Nagar in S.T. No. 859 of 2010, State Vs. Krishna alias Bahra, arising out of case crime No. 438 of 2010, under section 364, 323 and 506 I.P.C., P.S. Dankaur, District Gautam Budh Nagar.
In substance, in the F.I.R., it has been stated that on 20.8.2010 at about 7.30 hrs. when the informant returned to his house from his shop then his son Deepesh aged about 9 years was not present at the house. He started making search of his son and during search he saw his son Deepesh coming rashly from the side of the temple in weeping condition. When the informant asked his son as to why he was weeping he informed that his uncle Krishna alias Bahra had taken him to the temple on the pretext of giving him sweets where one person was also sitting alongwith articles of worship and they were talking to sacrifice Deepesh in the temple. While they were busy arranging articles of worship he ran away from the temple. Thereafter the informant alongwith the villagers Harphool, Raj Kumar, Ram Singh, Hemi, Binney etc reached at the temple where they found that the accused Krishna Alias Bahra was present there. When informant and other persons enquired about the incident then he admitted it and threatened that today his son has escaped from their clutches but they will sacrifice him in this temple. On 20.8.2010 at about 10.00 p.m. when the informant and his family members were present at their house then Krishna alias Bahra alongwith co-accused Netrapal came at their house armed with Trishul and Hockey and assaulted the informant and his wife. On their hue and cry the villagers reached there then they fled away giving threat to them.
In order to prove the prosecution case, the prosecution has examined as many as five witnesses, namely, Ram Kishor, P.W.1, Deepesh, P.W.2, Sub-Inspector, Om Prakash, P.W.3, Head Constable Satya Pakash, P.W.4. and Binney, P.W.5. Out of these witnesses, Ram Kishor, P.W.1, Deepesh, P.W.2 and Binney, P.W.5 are the witnesses of fact.
The court below after hearing the parties by impugned judgement and order found that although the incident is alleged to have taken place on 20.8.2010 but the F.I.R. was lodged on 6.10.2010. There was inordinate delay in lodging the F.I.R. and no explanation of delay has been given by the informant. The court below has further found that Deepesh, P.W.2 was most important witness of fact who has stated that the accused Krishna alias Bahra assaulted his father through Trishul and his father received injuries in his eye for which the treatment was also done but this version of Deepesh has not been corroborated from the statement of the informant, Ram Kishor, P.W.1 and Binney, P.W.5. On this material contradiction the witnesses are liable to be disbelieved. The trial court has further found that if any person abducts the child of nine years in order to sacrifice him then in all probability he will take care and the child will not be able to flee away from the spot. It appears that due to attitude of the accused having faith in worship etc. they have been falsely implicated. The reasons assigned by the trial court for acquittal of the accused are cogent and valid reasons and no interference by this Court is required Application seeking leave to appeal is rejected and the appeal is dismissed.
Order Date :- 26.4.2019 R