Court No. - 67
Case :- CRIMINAL APPEAL No. - 7403 of 2019 Appellant :- Joni Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Prasoon Tomar Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed by learned counsel for the appellant today in the Court is taken on record.
Heard learned counsel for the appellant as well as learned A.G.A.
By means of the present appeal, the prayer sought by the appellant is to set-aside the judgment and order dated 26.09.2019 passed by learned Special Judge, SC/ST Act, Bijnor in Sessions Trial no.543 of 2017 arising out of case crime no.181 of 2017 under sections 427 of IPC and Section 3(1)(g) of SC/ST Act, Police Station-Mandawar, District-Bijnor.
Submission made by learned counsel for the appellant is that the appellant is challenging the order of acquittal dated 26.09.2019 whereby the Special Judge, SC/ST Act while deciding the S.T. No.543 of 2017, has acquitted Ravindra Singh and Robin from the charges under section 427 IPC and Section 3(1)(g) of SC/ST Act.
I have carefully gone through the entire judgment as well as the finding recorded by the learned Special Judge(SC/ST Act). After going through the entire judgment, I find that the impugned judgment is perfectly in consonance with the deposition made by the complainant. There is no eye witness of destroying the standing crop by either of the accused persons.
Under the circumstances, I do not find any illegality or perversity in the order itself. Accordingly, the present appeal lacks merit and stands dismissed.
Order Date :- 17.12.2019 Sumit S