High CourtsSingle Bench(1986) 01 OHC CK 0005

Bharati Naik vs Jagabandhu Sahu and Another

Orissa High Court · Decided on 20 January 1986 · Citation: (1986) 1 OLR 231

HON’BLE JUDGES
B.K. Behera, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 306 of 1985

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Judgment

2 paragraphs · 237 words

B.K. Behera, J.—I have heard the learned counsel for the petitioner. This revision has been directed against the judgment and order of acquittal in a case instituted by the State. No appeal has been preferred by the '' State. My attention has been invited to some remarks made by the trial Court in its judgment and it has been submitted that the findings have been based on conjectures and same errors of record. The case depended on the sole testimony of P. W. 1. In order that her evidence was to be accepted, her evidence was to be completely above reproach. On a perusal of the findings recorded by the trial Court and on a consideration of her evidence, it cannot be said that the trial Court completely went wrong in recording the order of acquittal. Even assuming that another and a better view could be taken holding the opposite parties to be guilty of the charges, that cannot be a ground for interference in a revision against acquittal keeping in view the principles laid down by the Supreme Court in the cases reported in AIR 1962 5. C. 1788 K. Chinnaswamy Reddy v. State of Andhra Pradesh and Anr. and Ayodhya Dube and Others Vs. Ram Sumer Singh, .

2.

I do not find any prime facie case for interference. In my view it is not a fit case for admission. The revision is accordingly dismissed.