State Of U.P. vs Salam & Another

Heard learned A.G.A. and perused the lower court record.

Learned A.G.A seeks leave to appeal to question the correctness of judgment of acquittal dated 16.02.2008 passed in S.T. No. 299 of 2007 (State Vs. Salam and another) whereby the respondents were acquitted from the charges under sections 354, 506 I.P.C. and 3(1)(10) of S.C./S.T. Act.

Learned A.G.A submits that the impugned judgment and order is against the weight of material and law. He further submits that the learned Trial Judge given a totally perverse finding without appreciating the evidence on perspective manner and only on the basis of conjectures and surmises and perverse findings have been recorded. He further submits that all the mandatory provision of law were complied with. Only on account of contradictions in the statements of police witnesses, the respondents have been acquitted.

From the perusal of the paper book, it reveals that on behalf of prosecution, 3 witness at facts were examined to prove the charges. Jhabbar, P.W.-1, the First Informant, Smt. Suvaran Devi, P.W.-3, wife of Jhabbar have not seen the occurrence. Only the prosecutrix, P.W.-2, daughter of aforesaid two witnesses, has supported the prosecution version, but during examination-in-chief, she has stumbled and stabed. Jaubad did nothing. Thus there remains evidence of the prosecutrix only one respondent.

Since presence of First Informant and his wife could not be established, the genesis of the offence is doubtful. The learned Trial Judge has rightly recorded the findings of acquittal in favour of the respondents. Appeal has no substance. Arguments advanced in support thereof are demerit.

Appeal is dismissed in limine.