Court No. - 67
Case :- CRIMINAL APPEAL No. - 7758 of 2019 Appellant :- State of U.P.
Respondent :- Raju @ Brij Mohan Singh And 3 Others Counsel for Appellant :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Ghanshyam Kumar, learned AGA for the State.
This appellant-State of U.P., by means of this criminal appeal is challenging the judgement and order of acquittal dated 30.08.2019 passed by Special Judge, SC/ST Act, Jhansi, while deciding the S.T. No. 71 of 2014, P.S. Sarkar, District Jhansi.
Learned AGA 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 learned AGA 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.