Sarnam Singh vs State of U.P. and 3 Others

This criminal appeal u/s 372 Cr.P.C. arises out of the judgment of the Addl. Sessions Judge (Court no. 3), Firozabad dated 8.11.2013, in S.T. No. 780 of 2007 acquitting the accused-respondents Sanjeev and Sobaran Singh, under sections 363 and 366 I.P.C. and accused-respondent Pawan, u/s 363, 366 and 376 I.P.C.

We have heard Sri Yogendra Mishra, learned counsel for the appellant and have perused the judgment of trial court and also heard learned A.G.A.

An FIR was lodged on 8.3.2007 by Sarnam Singh PW-1, father of the victim alleging that on 22.2.2007 at about 8.00 a.m., the accused-respondent Pawan and Sanjeev enticed away his daughter Rinki and they were not returning the girl. After that the girl was freed on 8.3.2007.

The trial court has acquitted the accused-respondents on the ground that admittedly the victim Rinki was above 18 years in age as per her medical examination report. In her High School certificate her date of birth was mentioned 3.12.1985 which would have made her 21 years in age. The FIR was lodged after 16 days of the incident and there was no satisfactory explanation for this delay. There are several love letters written by girl to the accused Pawan which she has admitted but she stated that she was made to forcibly write them. This has not been accepted by the trial court. It was observed that the victim was taken to court for court marriage and she has filed a complaint under Domestic Violence Act against her parents on 22.2.2007 and she did not raise any hue and cry in the court premises. In this background, it was observed that the girl had gone with her own consent with Pawan and the allegations have been made against the accused at the instance of parent of Rinki. The medical evidence also not corroborate the allegation of rape.

Learned counsel for the appellant submits that the statement of prosecutrix was sufficient for recording the conviction of accused-respondents and our attention has been drawn towards section 114-A of the Evidence Act. This court is always expected to test the veracity of the statement made by the witness and there can be no irrebuttable presumption of the reliability of the statement of the prosecutrix.

We see that the trial court has properly appreciated the facts and circumstances of the case for reaching to a conclusion that the girl had gone away with her consent with the accused Pawan. Therefore, it cannot be said that the judgment of trial judge was unreasonable or perverse.

We see no good ground to interfere in the judgment of acquittal.

Therefore, application for leave to appeal is rejected and the appeal is consequently dismissed.