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Judgment
J.C. Gupta, J.—Heard learned counsel for the applicant in revision.
This revision is directed against the order of acquittal recorded by lower appellate Court. It is well settled law that in a revision filed against the order of acquittal, power could be exercised only in exceptional cases like :
(i) that the trial Court having no jurisdiction has acquitted the accused;
(ii) that the Court has wrongly shut-out the evidence of prosecution;
(iii) that the appellate Court has wrongly held the evidence admitted by trial Court as inadmissible;
(iv) that material evidence has been totally overlooked;
(v) that the acquittal is based on compounding of offence, invalid under law.
In this connection a reference may be had to the cases of Punjab and Sind Bank v. G.S.S. Bedi 1995 UP R (Cri) 168 and K. Chinnaswamy Reddy Vs. State of Andhra Pradesh, .
In the present case a perusal of the order of lower appellate Court would indicate that the learned Judge has given cogent and valid reasons in disbelieving the evidence of the witnesses and also in doubting the correctness of the prosecution story. It is needless to point out that in the present case, the F.I.R. was lodged after an inordinate delay of about two months and the lower appellate Court has discarded the explanation sought to be offered by the prosecution at the trial. The statement of the star witness Km. Ramwati has also not been found reliable, ft is not one of those cases which may call for interference by this Court.
Revision is ordingly dismissed in limine