Judgment :-

DipakMisra, J.

Leave granted.

2. Questioning the assailability and substantiality of the order dated 4.7.2012 passed by the Division Bench of the High Court of Judicature of Madhya Pradesh at Gwalior in M.Cr.C. No. 1835 of 2012 whereby the High Court has declined to grant leave to the State to prefer an appeal against the judgment of acquittal dated 2.12.2011 passed by the learned Sessions Judge, Bhind in Sessions Trial No. 193 of 2010, the present appeal by special leave has been preferred.

3. Shorn of unnecessary details, the facts which are requisite to be stated are that on the basis of an FIR lodged by the complainant, the investigating agency laid a charge-sheet before the competent court against the accused-respondent for the offences punishable under Sections 294 and 436 of the Indian Penal Code (for short “the IPC”). The learned Magistrate, on receipt of the charge-sheet, committed the matter to the Court of Session. The learned Sessions Judge, by his judgment dated 2.12.2011, acquitted the respondent herein of the charge on the foundation that there was no witness to the occurrence of the crime and further PW-2, the wife of the complainant, could not tell the exac