PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Jitender Kumar – Appellant
Versus
Saroj Devi – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
The present application is preferred under Section 378(4) of the Cr.P.C. against the judgment of acquittal dated 05.04.2022 passed by learned Judicial Magistrate Ist Class, Kanina in criminal complaint No. 151 of 2016 filed under Sections 419, 420, 181, 467, 468, 471 and 120-B of Indian Penal Code.
2. In brief, the facts of the complaint are that complainant is resident of village Bewal, Tehsil Kanina, District Mahendergarh. The elections for the post of panch for gram panchayat were completed in January, 2016 and complainant had filed nomination for Ward No.8. Wife of complainant Renu Devi also filed nomination for the post of panch of Ward No.8. As per complainant, when the nominations were filled along-with with application, an affidavit is required to be filed stating therein that there is no criminal case pending against the applicant and the applicant has never been convicted by any criminal court. Accused No.1-respondent No. 1 also filed a nomination for the post of panch in Ward No.8 and together with the application, she had given the same affidavit. Respondent No. 1 was elected as panch for Ward No. 8. As per complainant, a false aff
(1) Appeal against acquittal – Only because it is possible to take another view is no ground to overturn order of acquittal. (2) Cheating – Mens rea is an essential ingredient of offence – Fraudulent....
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