2025:UHC:6833-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Leave to Appeal No. 512 of 2024 With Government Appeal No. 292 of 2024 State of Uttarakhand … Applicant Versus Himanshu … Respondent Mr. K.S. Bora, Deputy Advocate General, with Mr. J.P. Kandpal, Brief Holder, for the State/appellant. J U D G M E N T Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) For the reasons indicated in the delay condonation application (IA/1/2025), the same is allowed. Delay of 45 days in filing this appeal is condoned. 2. By this petition under Section 419(3) of BNSS, State/petitioner is seeking leave to appeal against the judgment and order dated 31.7.2024, passed by Special Judge (POCSO Act)/Sessions Judge, Rudraprayag in Special Sessions Trial No. 04/2024, thereby acquitting the respondent from the charges framed against him for the offences punishable under Section 363, 376 (2)(n) IPC and Section 6(1)/5(l) of POCSO Act. 2025:UHC:6833-DB 2 3. We have heard learned State Counsel and perused the impugned judgment and order. 4. In the present case, as we gather from the impugned judgment, the prosecutrix (PW-1), aged more than 17 years but less than 18 years at the relevant time, in her deposition before Trial Court, categorically stated that she had left her house on her own accord after being scolded by her father when she was found engaged in a conversation over an unidentified mobile phone and had returned on her own the next day. She stated that the accused had not kidnapped her nor established any sexual relations with her. She further explained that the statement under Section 164 CrPC, in which she had alleged otherwise, was made on the insistence of her family members. The testimony of PW-1 is further corroborated by the statements of her father (PW-4) and mother (PW-6), both of whom admitted that the girl had left the house when she was reprimanded by her father on being found conversing on an unidentified mobile phone and returned the next day. 5. It is settled law that in a case involving sexual assault, the testimony of the prosecutrix, if found to be credible and trustworthy, is sufficient to sustain conviction. However, in the present case, the prosecutrix has unequivocally denied the occurrence of any such incident and stated that no sexual relations were established between her and the accused. In her cross-examination by the prosecution, the prosecutrix remained firm on her statement that she was neither kidnapped nor raped by the accused, and that her 2025:UHC:6833-DB 3 earlier statement under Section 164 CrPC was made under pressure. 6. Considering all these aspects of the matter and after proper analysis of the evidence, the Trial Court held that foundational facts necessary in the present case have not been laid or established beyond reasonable doubt by the prosecution and acquitted the accused of the charges leveled against him. 7. We do not find any ground to interfere with the well reasoned judgment passed by the Trial Court. In the case of Ramanand Yadav Vs. Prabhunat Jha, reported as (2003) 12 SCC 606, the Hon’ble Supreme Court laid down the ratio that the golden thread which runs through the web of administration of the Justice in criminal cases is that, if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. The paramount consideration of the Court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. 8. For the reasons recorded above, leave to appeal is refused. Leave petition is dismissed. Government appeal also stands dismissed accordingly. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 29.7.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503 , postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F 3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.18 17:26:13 +05'30'