JUDGMENT :

Sandeep Sharma, J.

Instant criminal appeal filed under Section 378 of Code of Criminal Procedure, lays challenge to judgment of acquittal dated 06.09.2007 passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, District Kangra, H.P. in Criminal Appeal No.6-J/2005/2003, whereby learned Court below, while setting aside the judgment of conviction and order of sentence dated 20/23.09.2003 passed by learned Additional Chief Judicial Magistrate, Jawali, District Kangra, Himachal Pradesh, in Criminal Case No.57-II/95/93, acquitted the respondent-accused (hereinafter ‘accused’) from offence punishable under Section 408 of Indian Penal Code.

2. Precisely, the grouse of the appellant/State, as has been highlighted in the appeal and further canvassed by Mr. Vishal Panwar, learned Additional Advocate General representing the appellant, is that learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, District Kangra, H.P., committed a grave error, while ignoring confessional statement Ext. P-8, which was duly proved by the prosecution by examining accused. He states that prior to the recording of the confessional statement, accused, after