SMT. MAJEEDANversusSTATE OF U.P. AND 5 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

        CRIMINAL APPEAL U/S 372 CR.P.C. No. - 556 of 2023

Smt. Majeedan
                                                             .....Appellant(s)
                                   Versus
State Of U.P. And 5 Others
                                                           .....Respondent(s)

Counsel for Appellant(s)               :    Kashi Naresh Mishra
Counsel for Respondent(s)              :    G.A., Rajiv Kumar Pandey

Court No. - 93
           HON'BLE MRS. VANI RANJAN AGRAWAL, J.

1. Heard Sri Kashi Naresh Mishra, learned counsel for the appellant and Shri
learned A.G.A. for the State-respondent. None is present on behalf of the
respondents no. 2 to 5.

2. The present criminal appeal has been filed under Section 372 Cr.P.C.
against the judgment and order of acquittal dated 02.09.2023 passed by
Additional Session Judge, Court No.10, District- Aligarh in S.T.
No.5000877/2014, arising out of Case Crime No.252/2013, under Sections
366, 504, 506 I.P.C., Police Station- Kotwali, District- Aligarh, whereby the
opposite party no.2 to 6 had been acquitted for the offence under Sections
366, 504 & 506 I.P.C.

3. The prosecution case, in brief, is that the complainant lodged an FIR
alleging that her daughter, who was married to one Azad, son of Shri Nasir
Mohammed, resident of Gali Bhauhran, Police Station Qila Jalesar, District
Etah, had come to her house two days prior to the date of the alleged
occurrence. It is alleged that the accused persons, who were neighbours, took
her away on 18.09.2013 at about 3:00 PM on the pretext of getting medicine.
Thereafter, she did not return. Upon enquiry, the accused persons kept
assuring that she would return. When she did not return even after ten days,
the FIR was lodged.

4. Subsequently, the prosecutrix returned and stated in her deposition as PW-
3 that she had been taken away by the accused persons, who made her
consume some intoxicating substance, rendering her unconscious. Upon
regaining consciousness, she found herself in Delhi, sitting on a bus. She
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further stated that she contacted one accused, Qamar Zanha, through a
mobile phone with the help of a girl named Bebi. She alleged that she was
threatened by the accused persons that if she returned, her child could be
killed. She was asked to marry Dilshad, and due to such alleged threats, she
married him and is presently living with him and has two children.

5. The trial court, upon appreciation of the evidence, acquitted the accused
persons.

6. At the stage of admission, after perusal of the record, it is evident that the
prosecutrix was a major and a married woman at the time of the alleged
occurrence. There is no cogent evidence on record to establish that she was
forcibly taken or wrongfully confined by the accused persons.

7. Even if the prosecution case is accepted in its entirety, the evidence on
record at best indicates that the neighbouring accused persons may have
accompanied the prosecutrix up to the point of boarding the bus. Beyond
that, there is no material to establish their involvement or complicity in any
alleged offence. Admittedly, the accused persons were not present with the
prosecutrix during the journey thereafter.

8. The prosecution failed to prove any nexus between the accused persons
and the subsequent events, particularly the prosecutrix reaching Delhi or her
alleged interaction with any third person. It is also noteworthy that upon
regaining consciousness, the prosecutrix found herself alone in Delhi.
Admittedly, she had access to a mobile phone and had the opportunity to
inform the bus conductor, other passengers, or public authorities; however,
no such efforts appear to have been made by the prosecutrix, which creates
serious doubt regarding the prosecution version.

9. Notably, no call detail records were collected or produced to substantiate
the allegation of telephonic threats. The prosecution has failed to establish
from which mobile number the alleged threats were extended, wherefrom
such calls were made, and in what manner the prosecutrix subsequently
came into contact with Dilshad.

10. Furthermore, the marriage of the prosecutrix with Dilshad appears to
have been solemnized in the absence of the accused persons, and there is no
reliable evidence to connect them with any coercion or compulsion in this
regard.
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                                    11. The allegations of administering an intoxicant and criminal intimidation
                                    remain uncorroborated by any independent or reliable evidence.

                                    12. In view of the aforesaid, this Court finds that the findings recorded by
                                    the trial court are based on proper appreciation of evidence and do not suffer
                                    from perversity or illegality warranting interference. It is a settled principle
                                    of law that an appellate court, while dealing with an appeal against acquittal,
                                    should not interfere unless the view taken by the trial court is manifestly
                                    erroneous or wholly unreasonable.

                                    13. Accordingly, the appeal is dismissed at the admission stage itself.

                                    February 12, 2026
                                    Pravesh Mishra
                                                                                 (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
PRAVESH KUMAR MISHRA
High Court of Judicature at Allahabad