Court No. - 25 Case :- U/S 378 CR.P.C. No. - 255 of 2010 Petitioner :- State Of U.P. Respondent :- Majhar Petitioner Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the State.
This application under Section 378 (3) Cr.P.C. has been moved against
judgment and order dated 25.01.2010 passed by learned Additional Sessions
Judge (Court No. 2), Barabanki in Sessions Trial No. 141 of 2006 by means
of which respondent has been acquitted of the charges levelled against him
under Sections 363, 366 and 376 IPC.
We have gone through the judgment of court below from which it comes out
that the prosecutrix was major; although the prosecutrix was taken by the
respondent to different place, but she did not resist and try to rescue herself.
The finding and conclusion arrived at by the court below for acquitting the
respondent is that the prosecutrix was major and it comes out from her
statement that she was consenting party.
While going through the judgment of the court below, at this juncture we find
that it is based on one of the possible and reasonable views expressed for
acquitting the respondents, as such, no question arises to hold different view.
In view of the above, this application is rejected and grant of leave to appeal
is refused.
Order Date :- 11.8.2010
Chauhan/-
Hon’ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Since the application for grant of leave to appeal has been rejected, the appeal
is also dismissed.
Order Date :- 11.8.2010
Chauhan/-