- (1.) Heard learned counsel for the applicant/appellant, learned A.G.A. for the State and perused the record.
(2.) The instant Criminal Appeal under section 372 Cr.P.C. has been preferred with the prayer that leave to appeal may be granted against the judgement and order of acquittal dated 06.05.2016, passed by Additional Sessions Judge/Fast Track Court, Court No.1, Ghazipur, in Sessions Trial No. 134 of 2009, arising out of Case Crime No. 2474 of 2008, under Sections 363, 366 and 376 IPC, Police Station Kotwali, District Ghazipur.
(3.) Learned counsel for the appellant submits that minor daughter of the complainant was enticed away by the accused-respondent no.2 namely Amzad Khan on 17.09.2008. As she was minor aged about 17 years, as such the offence was committed by the accused-respondent no.2. However, the trial court passed the impugned order of acquittal disbelieving the academic certificate of the victim, and recorded finding that academic certificate was doubtful and suspicious. The trial court believed on the medical report, according to which she was in between 18-19 years of age. Hence, the view taken by the trial court is against the evidence on record and against the law and same is requires reconsideration.;