Court No. - 79
Case :- GOVERNMENT APPEAL No. - 1880 of 2012 Appellant :- State Of U.P.
Respondent :- Gulam Hussain Counsel for Appellant :- Govt. Advocate
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel appearing for the State appellant/applicant and perused the material on record.
This application has been filed by the State with the prayer that leave to appeal may be granted against the judgement and order dated 30.01.2012, passed by Special Judge, E.C. Act/Additional Sessions Judge, Moradabad in Special Sessions Trial No. 58 of 2010 (State Versus Gulam Hussain), whereby the accused/respondent has been acquitted for the offence punishable under the section referred to above.
Learned A.G.A argued that trial court failed to appreciate facts and law placed before it and passed the impugned judgment of acquittal. Hence, this appeal with above prayer.
Learned counsel for accused/respondent opposed the aforesaid prayer with this contention that in spite of repeated opportunity, no evidence by prosecution was there, hence, trial court decided this matter. There was no perversity in judgment.
From the perusal of impugned judgment, it is apparent that neither prosecution witnesses were produced nor any revision against order of closure of evidence was filed. Hence, there was no evidence on record and this judgement of acquittal was passed on the basis of no evidence on record.
Accordingly, leave to appeal is rejected. Order Date :- 30.9.2019 NS