Court No. - 67
Case :- APPLICATION U/S 482 No. - 41847 of 2019 Applicant :- Rampal Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Anand Pati Tiwari, learned counsel for the applicant and learned AGA for the State.
By means of the present application is being filed with the prayer to quash the order dated 16.08.2019 passed by Special Judge, SC/ST Act/ Additional Sessions Judge, Ghaziabad in Misc. Case No. 1701575 of 2016 arising out of case crime no. 376 of 2009, under Sections 448, 504, 506 IPC and Section 3(1)(X) SC/ST Act,, P.S. Massorrie, District Ghaziabad.
Learned counsel for the applicant 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 made by learned counsel for the parties and perused the impugned judgment.
Learned AGA 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 result of acquittal 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.