Court No. - 11
Case :- GOVERNMENT APPEAL No. - 3940 of 2009 Appellant :- State Of U.P.
Respondent :- Jitendra Kumar And Others Counsel for Appellant :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Ratan Singh, learned A.G.A. on the application for leave to file the appeal against the judgment and order dated 17.11.2008 passed by Additional Session Judge, Court No.3, Gorakhpur in Session Trial No. 216 of 2007 (State Vs. Jitendra Kumar and others). By the impugned judgment the trial court has acquitted all the nine accused-respondents from the charge under Sections 143 and 436 IPC.
Perusal of the record shows that none of the witnesses of facts has supported the prosecution case.
Thus considering the facts and circumstances of the case it cannot be said that the view taken by the Court is not a possible or plausible view and there is no illegality and perversity in the impugned judgment. Hence the application is liable to be rejected.
Application for seeking the leave to file the appeal against the judgment and order dated 17.11.2008 passed in Session Trial No. 216 of 2007 by Additional Session Judge, Court No.3, Gorakhpur is rejected.
Consequently the appeal is rejected.
Order Date :- 23.8.2018 Manish Tripathi