Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2933 of 2001 Appellant :- State Of U.P.
Respondent :- Nanakchandra Counsel for Appellant :- R.P.Dubey/G.A.
Hon'ble Umesh Chandra Tripathi,J.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the judgment and order dated 12.6.2001 passed by Additional Chief Judicial Magistrate-X, Agra whereby the respondent/accused Nanakchandra was acquitted for the offence punishable under Section 354 IPC, Police Station Chhatta, District Agra.
As per prosecution version, on 14.8.1999 at about 3:00 PM respondent/accused Nanakchandra attempted to outrage the modesty of victim aged about 10 years. Sadik and Sahid have seen the occurrence.
There was no any medical report to show that victim is of unsound mind. She was not examined before the court during the trial. There are contradictions in the statements of eye witnesses Sadik and Sahid recorded under Section 164 Cr.P.C. Accordingly, trial court acquitted the respondent/accused Nankchandra.
The view taken by the learned trial court is a possible view based on reasoning.
In view of above, this application seeking leave to appeal is, accordingly rejected and, consequently the appeal is also dismissed.
Order Date :- 26.7.2018 Jaswant