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Judgment
Vinod Shanker Dave, J.—Show cause notice was issued to the accused and the record was sent for. I have heard the learned counsel for the parties and have perused the judgment and the record of the trial court. The findings of acquittal have been recorded mainly on two points. One is the delay in lodging of the First Information report and another is that the medical report does not corroborate the oral testimony. So far as the delay is concerned another interpretation has been taken by the evidence of the complaint possibly another view could be taken and it could have been held that the same is explained and regarding medical evidence evenif there was no report proved, change of unlawful assembly independently could be held proved, but one view of the matter has been taken by the learned Magistrate which cannot be said to be perverse. It is now well settled that even if two opinions of the same evidence can be taken, even then it is not a ground for reversing the acquittal. Besides this the occurence took place in the year 1968 and 19-20 years have elapsed. It would be traversity of justice to interfere with orders of acquittal after more than two decades in a case u/s 147 and 323 read with Section 149, IPC.
Consequently, I am not persuded to grant leave to file the appeal. Application is refused.