Court No. - 67
Case :- CRIMINAL APPEAL No. - 7768 of 2019 Appellant :- Kuldeep Kumar Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Daya Shanker Yadav,Rakesh Prasad Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Rakesh Prasad, learned counsel for the appellant and learned AGA for the State.
The present appeal is being preferred under Section 14A(1) SC/ST Act, by which the order dated 19.11.2019 passed by Special Judge, SC/ST Act, Sonbhadra in criminal case no. 275 of 2019, under Section 156(3) Cr.P.C., P.S. Bijnor,District Sonbhadra by which the application under Section 156(2) Cr.P.C. has been rejected.
Learned counsel for the appellant submitted that the finding of acquittal recorded by learned trial judge is against the evidence on record. He next submitted that the learned trial judge has committed a patent error of law and ignored the material evidence on record while holding that the prosecution had failed to prove the charge against the accused respondent beyond the reasonable doubt.
I have heard submission of learned counsel for the parties and perused the impugned judgment. The order impugned is under judicial scrutiny, this is the order whereby 156(3) Cr.P.C. application of the appellant was rejected with liberty to take agitate the matter in a complaint case.
Learned counsel for the appellant has submitted that the learned court below after a thorough marshaling of the facts of the case and after holding a microscopic scrutiny of the evidence on record has hold that the prosecution has failed to prove the charge against the accused respondent. The findings recorded by the learned trial judge in the impugned judgement are not based upon evidence and is not supported by cogent reasons.
I have gone through the judgement impugned carefully and finds that the findings recorded is well supported by the prosecution witnesses. The judgement based on sound reasoning and fortified by the law. The judgement do not suffer any vice of law or the fact. I do not find any good reason to upset the finding recorded by the learned trial judge.
No interference with the impugned judgment and order of acquittal is warranted.
Accordingly the appeal is hereby rejected.
Order Date :- 17.12.2019 Abhishek Sri.