AVNEESH JHINGAN
Santosh – Appellant
Versus
Mahender – Respondent
| Table of Content |
|---|
| 1. no re-appreciation of evidence at the leave to appeal stage. (Para 1 , 11 , 12) |
| 2. overview of the facts leading to the appeal. (Para 2 , 3 , 4 , 6) |
| 3. arguments regarding the reliability of evidence. (Para 7) |
| 4. court's observations on the admissibility of evidence. (Para 8 , 10) |
| 5. final dismissal of the application. (Para 13) |
Judgment
Mr. Avneesh Jhingan, J.
This is an application under Section 378(4) Cr.P.C. seeking leave to appeal against judgment of acquittal dated 18.10.2022 in Criminal Complaint No. 141-1 of 2014.
2. The brief facts are that complainant-Santosh (applicant) alleged that on 27.1.2013 at 6.30 PM, her brother-in-law (jeth) Mahender along with his son Kuldeep and three other persons entered her house, mis-behaved with her, torn her clothes and inflicted injuries with a sharp edged weapon. The backdrop of the incident was that a civil litigation was pending between her and her brother-in-law.
3. It would be appropriate to note at this stage that initially the applicant got registered FIR No. 100 dated 28.1.2013 in which cancellation report filed by the police was accepted.
4. On appreciation of preliminary evidence, the respondents were summoned and cha
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