Court No. - 13
Case :- GOVERNMENT APPEAL No. - 4516 of 2009 Appellant :- State of U.P. Respondent :- Pradeep Kumar Gaur Counsel for Appellant :- GA
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 23.3.2009 passed by Additional Sessions Judge, Fast Track Court No. 4, Jaunpur whereby the accused/respondent Pradeep Kumar Gaur was acquitted for the offence punishable under Sections 363, 366, 342 IPC, Police Station Jalalpur, District Jaunpur.
As per prosecution version, on 8/9-3-2007 at any time in the night, accused/respondent Pradeep Kumar Gaur and co-accused Sharad Naik enticed and took away the victim aged about 16 years. On 12.3.2007 informant Satish Kumar (PW-1) uncle of the victim lodged a missing report with allegation that victim had left his residence without informing him. In missing report dated 12.3.2007, it was not mentioned that the accused/respondent Pradeep Kumar Gaur and co-accused Sharad Naik had enticed and took away the victim. Later on, Lalji Yadav and Ram Jatan informed the informant Satish Kumar that they had seen the victim with accused/respondent Pradeep Kumar Gaur and co-accused Sharad Naik on 9.3.2007.
If Lalji Yadav and Ram Jatan have seen the victim with accused/respondent Pradeep Kumar Gaur and co-accused Sharad Naik, then there was no any reason for them not to inform this fact to the informant Satish Kumar, immediately.
Perused the impugned judgement. I find no infirmity in the impugned order passed by the learned trial court. 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 :- 27.7.2018 Jaswant