Court No. - 55
Case :- CRIMINAL REVISION No. - 244 of 2002 Revisionist :- Vijai Pal Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Raj Singh Counsel for Opposite Party :- Govt. Advocate,H.P.Singh
Hon'ble Pradeep Kumar Srivastava,J.
None present in the revised list, whereas learned AGA is present for the State.
Heard learned AGA for the State.
This revision has been filed against the judgement and order dated 11.01.2002 passed by the Additional District & Sessions Judge, Court No. 12, Aligarh, in S.T. No. 412 of 1999, under section 376 IPC (State Vs. Manoj), P.S. Iglas, District Aligarh, by which opposite party no. 2 Manoj has been acquitted for the aforesaid offence.
Aggrieved by the judgement of acquittal, this revision has been filed by the informant Vijay Pal Singh in which it has been stated that the victim supported the prosecution story in her examination-in-chief and the same found support from the medical evidence, she was only aged about 9 to 11 years.
Later on during cross-examination, she denied the prosecution version. The opposite party no. 2 was acquitted ignoring the evidence on record, therefore, his acquittal is liable to be set aside and he is liable to be convicted and sentenced.
The learned trial court has discussed elaborately the evidence on record and find that the statement of the victim was contradictory and there was no other evidence to support the prosecution version, acquitted the accused. It is also pertinent to mention that the police submitted the charge-sheet for the offence under section 376, 511 IPC and the learned trial court framed a charge for the offence under section 376 IPC.
In view of the above, the finding arrived at by the learned trial court appears to be based on appreciation of evidence on record.
I do not find any material irregularity, illegality or any jurisdictional error in the impugned judgement. Moreover, the revision pertains to the year 2002 and revisionist is not coming since long to press the revision.
In view of the above the revision lacks merit and is liable to be dismissed, the revision is dismissed.
It is however made clear that, if any Government Appeal is pending in respect of the impugned judgement, this judgement will not have any adverse impact on the Government Appeal and that will be decided on merits.
Order Date :- 29.11.2019 Bhanu