Bodh Raj vs Kaku and Ors.

This is an application under Section 417(2) Cr. P. C. for grant of special leave to appeal against an order of acquittal dated 30982 passed by

the learned Judl. Magistrate, 1st class, Reasi in a case entitled Bodh Raj Versus Kaku and another, under Sections 447/427 R. P. C.

In support of the case of the petitioner, he examined 7 witnesses including himself. On the side of defence four witnesses were examined. After

considering the evidence adduced by the prosecution and the defence, the court below found that the complainant did not successfully establish the

offences disclosed in the complaint. In the judgment the learned magistrate observes after considering the evidence that the complainant had

contradicted himself atleast thrice regarding the identity of the land on which the trespass was alleged to have been committed as also the other

details He further observes that the complainant was not able to prove physical entry of the accused into the land and that none of the witness

examined on his side support him in this regard. The court below also considered the question of delay of about 4 days in making the complaint to

the court. The delay so caused, according to the court below was not satisfactorily explained.

It is well settled law that in an appeal against acquittal the appellate court will very rarely substitute its views on the evidence, if it finds that the

conclusions arrived at by (he court below on the evidence is plausible. I am not satisfied that this is a fit case for grant of special leave to file an

appeal.

The application is accordingly dismissed.