IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Government Appeal No.179 of 2001 (Old No. 1596 of 1998) State of U.P. (now State of Uttarkhand) …..…Appellant Versus 1. Mehtab Ali 2. Munish Kumari @ Munish 3. Bhagwati Devi 4. Chandra Prakash 5. Pawan Kumar 6. Ram Rati ……….Respondents Shri M.A. Khan Brief Holder, present for the State/Appellant. Shri Gopal K. Verma, Advocate, present for the respondent/accused nos. 1,2,3 and 5. Shri Rajeev Sharma, Advocate, present for respondent Chandra Prakash and Ram Rati. Hon'ble Prafulla C. Pant, J. This is an appeal alongwith prayer for leave to appeal under section 378 (3) Cr.P.C., challenging the order dated 06.01.1998, passed by -2- Learned Sessions Judge, Pauri Garhwal, in Sessions Trial No. 26 of 1994 P.S. Kotdwar, whereby the respondents have been acquitted of the charge of offence punishable under section 366, 363, 376, 307, 368 I.P.C. 2. Considered submissions of learned counsel for the parties and perused the impugned judgment passed by the trial court. Kidnapping/abduction incident is said to have been taken place on 27.12.1991. The girl (victim) is said to have come back to her parental house on 06.09.1993, after two years. No FIR was lodged by the father of the girl for two years. Long after the incident, an application was moved under section 156 (3 Cr.P.C) complaining that the prosecutrix was kidnapped and raped. There is no explanation whatsoever on the record as to what prevented the father (P.W.2. Fareed Ahmad) to lodge the FIR for two years. From the prosecution story itself it appears that the girl stayed for 8-9 months at one place and there is no explanation as to why did she not raise alarm anywhere. The trial court after considering the facts and circumstances of the case finds that the statement of the prosecutrix does not inspire confidence. -3- 3. In the above circumstances, this Court does not find any sufficient reason to grant leave to appeal. The prayer for leave to appeal is rejected. The appeal stands disposed of. (Prafulla C. Pant,J) Dt. 23.07.2010 Parul