Court No. - 41
Case :- GOVERNMENT APPEAL No. - 1793 of 2001 Appellant :- State Of U.P.
Respondent :- Brij Raj @ Bij Raj Counsel for Appellant :- R.P.Dubey,A.G.A.
Hon'ble Harsh Kumar,J.
Heard learned A.G.A. for the State and perused the record.
The application has been moved for leave to file appeal against the impugned judgment and order dated 3.2.2001 passed by Special Judge (S.C./S.T. Act), Hamirpur in Special Case No.285 of 1995 (State Vs. Brij Raj @ Bij Raj), under Sections 354 I.P.C. read with Section 3(1)(xi) S.C./S.T. Act, P.S. Muskara, District Hamirpur, by which learned trial court has acquitted the accused- respondent for the charges under above sections.
Upon hearing learned A.G.A. and perusal of record, I find that by the impugned judgment and order dated 3.2.2001 the learned Special Judge, Hamirpur has acquitted the respondent Brij Raj from the charges under Sections 354 I.P.C. read with Section 3(1)(xi) S.C./S.T. Act for the alleged incident dated 1.5.1994 and learned trial court has discussed all the evidence on record.
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 and no sufficient ground to grant leave to file appeal.
The application u/s 378 (3) Cr.P.C. has no force and is liable to be dismissed.
The application u/s 378 (3) Cr.P.C. for leave to file appeal is dismissed accordingly and the appeal also stands dismissed.
Order Date :- 31.10.2018 Kpy
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 :- 31.10.2018 Kpy