Allahabad High Court
State Of U.P. vs Abdul Wahid @ Munnu on 15 July, 2010
Author: Abdul Mateen
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- U/S 378 CR.P.C. No. - 132 of 2010 Petitioner :- State Of U.P. Respondent :- Abdul Wahid @ Munnu Petitioner Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the State on the application under Section 378(3) Cr.P.C. for grant of leave to appeal against the judgment and order dated 05.02.2010, passed by the Additional Sessions Judge, Court No. 9 acquitting the accused-respondents in Session Trial No. 138 of 2008, Case Crime No. C- 1/2006, under Sections 363, 366 & 376 IPC, P.S. Baddupur, district Barabanki.
We have gone through the judgment of the court below as well as the Lower Court Record and also the statement of P.W. 2 who is said to have been taken away by the respondent and she was kept with him for 4 to 5 months at different places and she was subjected to rape by the respondent with her consent. Prosecutrix is major. It is not acceptable that if she was kept for 4 to 5 months, she was not able to resist or to flee away from the spot. Apart from this, she has stated that respondent forcibly married her. While going through the judgment of the court below, we find that the reasons given by the trial court in acquitting the respondent are possible in the facts and circumstances of the case and the evidence available on record.
We do not find any good reason to grant leave to appeal of the State. Accordingly, the Application to grant leave to appeal is hereby rejected.
Order Date :- 15.7.2010 Kaushal Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
As the application for grant to leave to appeal has been refused, accordingly, the appeal is also hereby dismissed.
Order Date :- 15.7.2010 Kaushal