State of U.P. vs Ram Prasad

This leave to appeal arises of a judgment dated 1st October, 2009 passed by Additional Sessions Judge, Court Nos. 09, Barabanki in Sessions Trial Nos. 538 of 2005 recording acquittal of the accused-respondent in offences under Sections 363, 366 and 376 of I.P.C.

We have heard learned State Counsel and perused the trial court judgment.

Learned State Counsel submitted that the trial court has committed error while recording acquittal of the accused-respondent in view of the consistent testimony of the prosecutrix, which is supported by F.I.R. Besides, the prosecutrix also identified the accused respondent in court and made a specific allegation that he was a person who committed the offence of rape on her.

On a careful consideration and perusal of trial court''s judgment and consideration of the submission of learned Counsel, we are not inclined to accept the same. The trial court has rightly held that it was not possible for accused at 4''O clock in the morning to entice away the prosecutrix from her house and commit sexual intercourse in presence of his wife and brother, who are said to be present at the door. Besides, the trial court has also noticed that the prosecutrix is said to have been enticed away on 16.05.2005 but the F.I.R was lodged on 24.05.2005 and thus there is no explanation for delay in lodging the F.I.R. Besides, this has been the case of the Investigating Officer that when the prosecutrix was recovered, she was going with the accused respondent. That apart, in the medical examination, age of the prosecutrix has been found to be above 18 years.

In view of all the aforesaid, we do not find any infirmity and perversity in the impugned judgment and findings of trial court which need not be interfered with.

Moreover, the Apex Court in a number of decisions regarding interference with the judgment of acquittal has held that when two views are possible, the view taken by lower court in the facts and circumstances of the case in favour of the accused should be taken as the probable and reasonable view.

Thus, this leave to appeal is dismissed.