(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred for leave to prefer appeal against the judgment and the order passed by the learned Sessions Judge in Special Case No.6/07, whereby the accused has been acquitted for the offence under sections 332, 452, 504 and 506(2) of the IPC read with section 3(1)(10) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989.
We have considered the judgment and the reasons recorded by the learned Sessions Judge. We have heard the learned APP for the State as well as Mr.Mankad appearing for the respondents. We have considered the R & P.
It appears that as per the complaint, the word used was "Vankar" and there was no reference of addressing the language as stated in the examination in chief and therefore, the same was material contradiction. The other alleged offences also could not be said as proved beyond reasonable doubt.
Under these circumstances, if the learned Special Judge has found that the prosecution has not been able to prove the case beyond reasonable doubt, the same cannot be said to be erroneous.
Hence, the leave does not deserve to be granted and therefore, not granted.
Application disposed of accordingly.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top