Neutral Citation No. - 2025:AHC-LKO:35946-DB Court No. - 1 Case :- APPLICATION U/S 378 DEFECTIVE No. - 80 of 2025 Applicant :- State Of U.P. Thru. Prin. Secy. Home Lko. Opposite Party :- Sonu Tiwari Alias Rahul Counsel for Applicant :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Order on IA-No.Nil of 2025-Application for Leave to Appeal: 1. Heard Shri Pawan Kumar Mishra, learned A.G.A. for the applicant. 2. The instant has been filed seeking leave to file appeal against the judgment and order dated 25.07.2024, passed by Second Additional Sessions Judge, Raebareli in Session Trial No.390 of 2016, arising out of Case Crime No.70 of 2016, under Sections 411, 413 and 414 I.P.C. Police Station G.R.P. District Raebareli. 3. The respondent-accused was arrested on 06.06.2016 from near RPF Post at plateform no.1 at Raebareli railway station on the basis of an information received from a mukhbir that the accused has several stolen mobile phones with him which he has stolen from passengers traveling in trains. Eight mobile phones are said to have been recovered from a bag being carried by the respondent in his hand and Rs.100/- has been recovered from his pocket. In his custodial statement the respondent confessed his involvement in commission of alleged offence. 4. The recovery memo mentions that no independent person agreed to witness the recovery proceedings. 5. The informant Sub Inspector Kanchan Singh was produced as PW-1 and in the cross-examination PW-1 stated that she did not remember any particulars regarding the arrest, recovery and lodging of F.I.R. She further stated that owners of the mobile phones, except one could not be traced. One of the mobile phone belongs to the Incharge of the Police Post Nigohan. 6. PW-4 Investigating Officer stated in his cross-examination that he did not make any effort to trace out the owners of the mobile phone that had been recovered from the respondent. Some of the recovered mobiles were in working condition and some were non-functional. 7. The learned trial court held that there is no evidence to establish that the mobile phones recovered from the respondent were stolen. The PW-1 who had arrested the respondent did not even remember as to whether the respondent was arrested at 4.00 a.m. or at 4.00 p.m. PW-1 further stated that she had not examined the mobile phones whether they were working or not. PW-2 also stated that he had no knowledge regarding the owners of the mobiles recovered and from where the same had been stolen as the Investigating Officer also could not establish any such fact. 8. The learned trial court also expressed astonishment on the fact that although the respondent is said to have been arrested from the railway platform where numerous persons are present at all times, no independent person witnessed the alleged crime. 9. The learned trial court came to the conclusion that the prosecution could not prove the charge against the respondent beyond reasonable doubt. 10. Having gone through the aforesaid judgment, we are of the considered view that the judgment dated 25.07.2024 is based on proper appraisal of the prosecution evidence. Prima facie there appears to be no perversity in the findings recorded by the learned trial court, which may warrant interference by this court in its appellate jurisdiction. 11. There is no ground warranting grant of leave to the State to file appeal against the aforesaid judgment/order. The leave application is accordingly rejected. Order on IA-01 of 2025: 12. As the application seeking leave to file appeal has already been rejected there is no occasion for condonation of delay in filing appeal. The application for condonation of delay in filing appeal is also rejected. Order on memo of appeal: 13. As the application seeking leave to file the appeal has been rejected, there is no occasion for admission of the appeal. Let the appeal be consigned to records. . [Subhash Vidyarthi, J.] [A.R. Masoodi, J.] Order Date :- 20.6.2025 akhilesh/-Ram. Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench