Court No. - 45
Case :- GOVERNMENT APPEAL No. - 3240 of 2017 Appellant :- State Of U.P. Respondent :- Sandeep Kumar Counsel for Appellant :- G.A. Counsel for Respondent :- Hiralal Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
This appeal along with an application seeking leave to appeal has been preferred against the judgment and order dated 10.2.2017 passed by the Additional Sessions Judge/ Fast Track Court, Agra acquitting the accused respondent under Section 376, 504 and 506 I.P.C. in Sessions Trial No. 407 of 2015.
According to the prosecution story, the first informant prosecutrix lodged a first information report charging the accused respondent of committing rape on her by blackmailing her showing the video clipping of her which was prepared by him while she was in the washroom. On account of the fear of the social stigma upon her and family, she was a helpless victim as such could not offer any resistance to the applicant, who continuously committed rape on her for about a year and it is only when she was caught with the accused respondent in objectionable position on 5.12.2013 by her husband, her relations with the accused respondent became public. However, the accused respondent threatened her with dire consequences if any action was taken against him.
The police conducted investigation soon after the first information report was lodged. The prosecutrix got herself medically examined and the charge sheet was submitted by the police under Sections 376, 504 and 506 I.P.C.
As per the medical examination report, neither any sign of injury was found on her body nor spermatozoa was detected in the vaginal smear. The first informant during her testimony before the court stated that she belonged to Bediya caste where the prostitution amongst women is a common practice and, therefore, she started living with her husband in Agra where she developed friendship with the accused respondent. Later on, the accused respondent- Sandeep took her some photographs while she was bathing in her washroom and had started blackmailing her. Therefore, she, due to fear of disrepute and social stigma which surrounded her, did not even disclose this to her husband but one day while they were in objectionable position, her husband caught them red-handed and she consequently decided to initiate criminal proceedings against the accused respondent as he had also threatened her of dire consequences.
Trial court after scanning and analyzing entire evidence available on record has observed that it has come in the statement of the prosecutrix herself that the accused respondent used to visit her place and was even teaching her children. Their relations were so cordial that they used to attend each others family function etc. It is also clear from her statement that in her caste, establishing physical relations with another is not a taboo. Trial court has further observed that it has also come in the statement of the accused respondent that the prosecutrix had taken Rs.50,000/- from him and when he demanded, she refused to pay back and when insisted, she falsely implicated him in the present criminal case to avoid paying money.
Trial court has also observed that from her statement it is an admitted fact that they developed physical relations, neither any force was used nor she ever raised any objection. Story of blackmailing came me into light only when she was caught red-handed in an objectionable and compromising position with the accused respondent and in order to save her skin, she initiated criminal proceedings against him. It has also been admitted that the prosecutrix visited several places with the accused respondent without any hesitation and with free will and she also photographed herself with him until she was caught by her husband in a compromising position with the accused. Thus, the lower court held that she was a consenting party. Consequently, the accused respondent has been acquitted from the charges levelled against him under Sections 376, 504 and 506 I.P.C. for want of evidence.
We have given our serious consideration and thought to the findings recorded by the trial court and we are of considered opinion that the findings recorded by the trial court are quite cogent, convincing and satisfactory and do not warrant interference. Further learned counsel for the applicant has also not been able to show us any such illegality or perversity in the judgment so as to interfere in the present appeal.
In view of the above, we decline to grant leave to appeal and accordingly, the application is rejected and so also the appeal.
Order Date :- 23.3.2018/ Atmesh