Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2684 of 2001 Appellant :- State Of U.P.
Respondent :- Rajveer, Meeruth & Others Counsel for Appellant :- Ratan Singh,A.G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
By way of instant government appeal, prayer has been made on behalf of State-appellant to grant leave to appeal against the judgment and order dated 30.04.2001 passed by VIth Additional Chief Judicial Magistrate, Ghaziabad whereby the accused- respondent - Rajveer and Vijendra were acquitted of the charge under Sections 392 and 411 of the Indian Penal Code, Police Station - Modinagar, District - Ghaziabad.
As per prosecution version, on 07.09.1995 at about 08.00 P.M., three unknown miscreants looted the Maruti Car, bearing Registration No. U.P. - 14D 6851, belonging to informant Radhey Shyam Rai. Later on, from the possession of accused- respondents - Rajveer and Vijendra, the vehicle in question was recovered on 20.09.1955 at 04.30 P.M.
P.W.1 informant Radhey Shyam Rai and P.W.2 Vinay Kumar did not support the prosecution version and stated before the court that they could not identify the accused who looted the vehicle in question. They have also denied the fact of recovery of looted vehicle from the possession of the accused- respondents. Accordingly, trial court acquitted the accused- respondents.
The view taken by the learned trial court is possible one, based on reasoning.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed.
Order Date :- 26.7.2018 I. Batabyal