Court No. - 45
Case :- CRIMINAL REVISION No. - 3848 of 2009 Revisionist :- Rakesh Singh Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- Mayank Bhushan Counsel for Opposite Party :- Govt. Advocate
Hon'ble Siddharth,J.
This criminal revision is directed against the judgment and order dated 29.08.2009 passed by Additional Sessions Judge, Court No. 14, Kanpur Nagar in S.T. No. 913 of 2006, Case Crime No. 45-A of 2005, State of U.P. vs. Amar Singh and others by which the learned Judge acquitted the Opposite Party No. 2 to 6.
A perusal of the order of the court below shows that it found that the First Information Report was delayed and there was no justifiable explanation on record. The two witnesses produced on behalf of the prosecution have been found to be unreliable and there is clear contradiction in their statements. The witnesses mentioned in the First Information Report who have seen the incident have not been produced in evidence. Initially the First Information Report was lodged against 9 persons and against 4 of them final report was submitted by the police. The prosecution case was found unreliable by the court below. Therefore the order of acquittal has been recorded by the court below. There is no error in the order of the court below.
This revision is accordingly dismissed.
Order Date :- 24.9.2018 Rohit