(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application is for leave to prefer appeal against the judgement and order passed by the learned City Civil and Sessions Judge in Special Case No.45 of 2009, whereby the accused have been acquitted for the offence under Section 294-b read with Section 114 of IPC read with Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
We have considered the judgement and the reasons recorded by the learned Sessions Judge. We have heard the learned APP for the State and Mrs.Joshi, learned Counsel for the accused, who has appeared in the matter and we have considered the record and proceedings.
It appears that there was strong enmity between the original complainant and the accused, inasmuch as the service of the original complainant was terminated by the accused No.1 and the said aspect has come in the evidence of the witnesses. There are material contradictions in the say of Mr.Mukesh (PW-3) - Exh.16. The deposition of Hemant - Rickshaw Driver - PW-2 - Exh. 13 is also not inspiring any confidence.
Apart from the above, the pertinent aspect is that there was delay of 35 days in filing the complaint after the incident. Under these circumstances, if the learned Judge has found that the prosecution has not been able to prove the case beyond reasonable doubt, it cannot be said that there is a case to be interfered with in exercise of the appellate power against the order of acquittal.
Hence, leave does not deserve to be granted. Therefore, not granted. The application is disposed of accordingly.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top