Court No. - 11
Case :- GOVERNMENT APPEAL No. - 7378 of 2009 Appellant :- State Of U.P. Respondent :- Siya Ram & Ors. Counsel for Appellant :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Amit Sinha, learned A.G.A. on the application seeking the leave to file the appeal against the judgment and order dated 12.08.2009 passed by Additional Sessions Judge/Fast Track Court No.2 Mathura in Sessions Trial No. 425 of 2008 (State of U.P. vs. Siyaram and others) by which the accused- respondents have been acquitted from the charge under sections 323, 504, 506 427 IPC and 3(1)(10) SC/ST Act on the ground of benefit of doubt..
In nutshell the prosecution case is that on 21.07.2007 accused beated complainant Surendra Singh Samrat and abuse him and said "dedh Chamar" and they broken the goods kept in the shop worth Rs. 10,000/-.
Perusal of the record shows that all the witnesses examined by the prosecution are interested witness and there are major contradictions in the statement of witnesses. FIR is lodged after seven days of occurrence and no reason of delay is given by prosecution.
In view of the aforesaid facts and circumstances of the case, it cannot be said that the view taken by the Court below is not possible and plausible thus the judgment of the court below cannot be interfered with by this Court only on account of the fact that another view is possible.
Learned A.G.A. has not been able to point out any illegality or perversity with the findings as recorded by the court below and thus it cannot be said that the view taken by trial court is a perverse view.
Thus in view of aforesaid consistent legal position as elaborated above and also in view of the fact that learned A.G.A. has failed to point out any illegality or perversity with the findings so recorded in the impugned order, no case for interference has been made out. No interference with the impugned judgment and order of acquittal is warranted. Accordingly the application seeking leave to appeal is rejected. Consequently, appeal is also dismissed.
Let a copy of this order be certified to the court concerned for necessary compliance.
Order Date :- 23.8.2018 Swati