JUDGMENT

Dharam Chand Chaudhary, J. —State of Himachal Pradesh aggrieved by the judgment dated 29.12.2012 passed by learned Special Judge, Sirmour, District at Nahan in Sessions Trial No. 03- ST/7 of 2010 has preferred this appeal on the grounds inter-alia that the findings of acquittal of the respondent (hereinafter referred as to the ''accused'') recorded by learned trial Court are not supported by the evidence available on record and rather based upon hypothesis, surmises and conjectures. The trial Court is stated to have not appreciated the prosecution evidence in its right perspective. The findings as recorded are manifestly unreasonable and unsustainable. The testimony of the material prosecution witnesses in the absence of there being any proof of enmity with the accused has been erroneously discarded. The independent witness PW-6 Bablir Singh though has not supported the prosecution case and as such, was declared hostile, however, in his cross-examination he has admitted his signature on the seizure memo Ext. PW- 1/C, which alone according to the appellant-State was sufficient for corroboration of the prosecution case. The findings that PW-2 and PW-12 have failed to explain