Court No. - 50
Case :- GOVERNMENT APPEAL No. - 2887 of 2002 Appellant :- State Of U.P Respondent :- Arvind Singh & Others Counsel for Appellant :- Jagdish Tiwari
Hon'ble Harsh Kumar,J.
Heard learned AGA for the State and perused the record.
The application has been moved by State for leave to file appeal against the impugned judgment and order dated 23.3.2002 passed by Additional Chief Judicial Magistrate, Court No.14, Jaunpur in Criminal Case No.6782 of 1998, acquitting the accused-respondents from the charges of offences under sections 323, 325, 504, 506 and 427 IPC.
Upon hearing learned AGA and perusal of record, I find that the impugned acquittal order has been passed by the learned Magistrate on the ground that no witness was examined by the prosecution, despite repeated opportunities and fixing as many as 8 dates for evidence in this matter relating to criminal incident alleged to have taken place about 22 years ago.
There can be no sufficient ground for remanding the matter to Magistrate as there can be no possibility of production of evidence after a period of 22 years.
It is settled principle of law as held by Hon'ble the Supreme court in the case of K. Prakashan Vs. P.K. Surenderan, (2008) 1 SCC 258 "When two views are possible, appellate Court should not reverse the Judgment of acquittal merely because the other view was possible. When Judgment of trial Court was neither perverse, nor suffered from any legal infirmity or non consideration/misappropriation of evidence on record, reversal thereof by High Court was not justified".
In view of discussions made above, I have come to the conclusion that the learned AGA has failed to show any legal infirmity, incorrectness or perversity in the impugned order of acquittal and there is no sufficient ground for interfering with or setting it aside the impugned order of acquittal and substituting it with conviction order. The application for leave to file appeal has no force and is liable to be dismissed.
The application for leave to file appeal is dismissed accordingly and the appeal also stands dismissed.
Order Date :- 28.5.2018 Tamang
Order on Memo of Appeal Hon'ble Harsh Kumar,J.
Dismissed.
For order, see order of date passed on application for grant of leave to file appeal.
Order Date :- 28.5.2018 Tamang