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IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, VIKAS BUDHWAR, JJ.
State of U.P. - Appellant
Versus
Mahfooz Ansari and Ors. - Respondents
Government Appeal No. 316 of 2019
Decided On : 12-09-2022
The court dismissed the state's appeal against the acquittal of the accused in a murder case. The court found that the prosecution's case was based on weak evidence, including inconsistent and hostile witness testimony, a lack of corroborating evidence, and a significant time gap between the last time the deceased was seen with the accused and the discovery of her body. The court also found that the trial court's judgment was well-reasoned and supported by the evidence.
Fact of the Case:
The deceased, a woman named Tabbasum, was found dead in a drain in a village in Pilibhit, Uttar Pradesh, India. The prosecution alleged that the accused, seven men who were related to Tabbasum's husband, had abducted and murdered her. The prosecution's case was based on the testimony of Tabbasum's husband, Jai Prakash, who claimed to have witnessed the abduction, and on the testimony of several other witnesses who claimed to have seen the accused with Tabbasum shortly before her death.
Finding of the Court:
The court found that the prosecution's case was based on weak evidence. The court noted that Jai Prakash's testimony was inconsistent and that he had made several improvements to his story over time. The court also noted that the other prosecution witnesses were either hostile or unreliable. Additionally, the court found that there was a significant time gap between the last time Tabbasum was seen with the accused and the discovery of her body, and that there was no evidence to explain this gap.
Issues: 1. Whether the prosecution had proven its case beyond a reasonable doubt. 2. Whether the trial court erred in acquitting the accused.
Ratio Decidendi: The court held that the prosecution had failed to prove its case beyond a reasonable doubt. The court found that the prosecution's witnesses were unreliable and that there was a significant time gap between the last time Tabbasum was seen with the accused and the discovery of her body. The court also found that the trial court had not erred in acquitting the accused.
Final Decision: The court dismissed the state's appeal and upheld the acquittal of the accused.
JUDGMENT :
Vikas Budhwar, J.
1. The present appeal purports to be under Section 378(3) of Criminal Procedure Code, 1973 (in short 'Cr.P.C.'), seeking to challenge the judgment and order dated 2.4.2019 passed by IVth Additional District & Sessions Judge/Special Judge, E.C. Act, Pilibhit in S.T. No.297 of 2014, (State of U.P. Vs. Mahfooz Ansari and 4 others), S.T. No.16 of 2015 (State of U.P. Vs. Irshad) and S.T. No.96 of 2015, (State of U.P. Vs. Kalloo Mewati), in Case Crime No.801 of 2014, P.S. Sungarhi, District Pilibhit under Sections 148, 364, 342, 302 read with Sections 149, 201 IPC acquitting the accused respondents, who are 7 in number.
INTRODUCTORY FACTS
2. Essence of the fact which lies in narrow compass as wrapped in prosecution story are that one Jai Prakash S/o Shri Ram Charan Lal R/o Village Gauneri Dan, P.S. Jahanabad, District Pilibhit submitted a written report before Deputy Inspector General of Police Bareilly on 19.5.2004 at 16.30 a.m. with an allegation that he solemnized marriage with Smt. Tabbasum @ Munni D/o Mahmood, R/o Chiriyadeh, P.S. Sungarhi, District Pilibhit on 18.12.2013, as the same was interfaith marriage thus, the accused fraction got furrated as their daughter married the informant, who happens to be of different religion.
3. Occasioning threats to the life, the first informant/complainant claims that he had no option but to prefer proceedings before this Court on writ side being W.P. No.20156 of 2004, Smt. Tabbasum @ Munni and others Vs. State of U.P. seeking police protection.
4. As per the first informant on 16.4.2014 a positive order was passed in their favour granting civil protection. Prosecution further asserts that Jaiprakash being the informant and the deceased being Smt. Tabbasum @ Munni were living together, however, on the fateful day i.e. 25.4.2014 when the informant was travelling from Bareilly to Pilibhit then at 5.00 in the evening at a place being Laveda, Police Station Hafizganj Bareilly, the accused respondents Mahfooz, Abdul Mazid, Mustkeem, Ayub and Irshad who happened to be the relatives of Smt. Tabbasum @ Munni while exerting pressure forcibly abducted his wife being Smt. Tabbasum @ Munni.
5. According to first informant, he proceeded to police station Hafizganj in order to submit written report but neither the same was taken note of nor any proceedings were conducted in that regard. In fact he tried his level best to search the whereabouts of his missing wife Smt. Tabbasum @ Munni but she could not be traced. Thus, he apprehends that the life of his wife is in danger.
6. It was further alleged that on 17.5.2014, he received a phone call from his wife Smt. Tabbasum @ Munni apprising him that she has been illegally confined in the house of his maternal uncle Irshad Master and he along with others had committed bad act with her and they are planning to murder her. The said call is stated to have been made from the mobile phone no.8273025296.
7. On the basis of the written complaint so lodged by the first informant before the Deputy Inspector General of Police, Agra region Agra on 19.5.2014 at 4.30 in the morning, a first information report was lodged. Accordingly, the Circle Officer city by virtue of the order dated 19.5.2014 directed for conduction of investigation in the said matter against the accused herein. The FIR was registered as Case Crime No.801 of 2014 under Sections 364, 342 IPC.
8. Records further reveal that on 20.5.2014 one Tilakram s/o Sunder Lal, r/o Gram Gauhania, P.S. Sungarhi, District Pilibhit lodged a written complaint before the Station House Officer, Sungarhi, District Pilibhit reporting that near the drain in Village Gauhania a dead-body of woman was found and adjacent to her the accessories being slipper, dupatta etc. was also noticed and the resident of village in question identified the girl to be the sister of Mahfooz Ansari being Smt. Tabbasum @ Munn
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