Neutral Citation No. - 2025:AHC:136924 Court No. - 81 Case :- CRIMINAL APPEAL U/S 413 BNSS No. - 223 of 2025 Appellant :- Rajkumar Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Respondent :- G.A. Hon'ble Manoj Bajaj,J. Applicant-complainant has filed this application under section 413 of B.N.S.S. seeking leave to appeal to challenge the impugned order dated 21.01.2025 passed by Additional Civil Judge (Junior Division) Court No.2/ Judicial Magistrate, Bijnor in Criminal Case No. 1853 of 2018 arising out of Case Crime No.22 of 2017, under Section 294 I.P.C., Police Station Haldaur, District Bijnor whereby the trial court has acquitted the accused-respondent nos.2 to 5 for the offence punishable under Section 294 I.P.C. Learned counsel for the complainant has argued that the accused have been wrongly acquitted by the trial Court vide impugned judgement dated 21.01.2025 as the charge under Section 294 I.P.C. against the accused persons was duly proved by examining the relevant witnesses. Learned counsel has further argued that the victim/ daughter (P.W.1) of the complainant had supported the prosecution case who clearly deposed before the trial Court that while going to school, all the accused persons used to pass comments upon her and it being an obscene act, therefore, the accused persons ought to have been convicted. He further submits that the complainant also appeared as a witness before the trial Court to support the stand of P.W.1 but ignoring the convincing evidence on record, the trial Court proceeded to acquit the accused persons. According to him, the impugned judgement of acquittal dated 21.01.2025 is not sustainable, therefore he prays that the leave to appeal be granted in favour of applicant-complainant. After hearing learned counsel and considering his submissions, this Court finds that the victim P.W.1 in her cross-examination had clearly stated that the place of occurrence was near a crossing which originally is a crowded area and few shops are also situated nearby, but on the date of occurrence the alleged incident was not witnessed by anyone. The mode of travelling to the school is described to be a school bus and finding other contradictions in her testimony, the trial Court found that the prosecution case has not proved the charge against the accused beyond doubt, therefore, it proceeded to extend the said benefit to the accused persons. A perusal of the impugned judgement dated 21.01.2025 would show that the trial Court has carefully analyzed the prosecution evidence on record and rightly acquitted the accused persons. The judgement does not suffer from any illegality or perversity, therefore, no case is made out for grant of leave to appeal. Resultantly, the application seeking leave to appeal fails and is hereby dismissed. Order Date :- 12.8.2025 Shiv NC413 No. 223 of 2025 2 Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad