(C.M. APPLICATION NO. NIL of 2016-Application for grant of leave to appeal)

2. Heard learned A.G.A. on the application for grant of leave to appeal.

3. This appeal has been preferred by the State against the judgment of acquittal of accused Guddu who is a convict of Sessions Trial No.538 of 2009 arising out of Case Crime No.257 of 2009, under Sections 364, 365 IPC, Police Station Gola, District Kheri.

4. Learned A.G.A. has half heartedly pressed this application for grant of leave to appeal.

5. Perusal of the impugned judgment and evidence shows that the accused Guddu was living in the house of the complainant for the last about 5-6 years. There was some dispute between the complainant and the accused regarding marriage of the appellant with the daughter of Rajendra who happens to be elder brother of the complainant. Accused was not in favour of this marriage while the other side was pressing for the said marriage.

6. The allegation was of kidnapping of a boy namely Priyanshu aged about 5 years. It is an admitted case of the prosecution that the appellant and the alleged kidnappee boy were living in the same house and the trial court has found that there was absolutely no motive