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State of U. P. – Appellant
Versus
Sachin – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. This appeal under Section 378 (3) Cr.P.C. has been preferred by the State against the judgment and order of acquittal dated 18.2.2020, passed by learned Additional Sessions Judge/Fast Track Court-II, Gautambudh Nagar, in S.T. No.69 of 2016 arising out of Case Crime No.199 of 2015 under Sections 452, 376 IPC, Police Station-Jarcha, District-Gautambudh Nagar, whereby the respondent-original accused has been acquitted of all the charges levelled against him.
2. The brief facts of the prosecution case are that a first information report was lodged at Police Station-Jarcha by Sube Singh, husband of the prosecutrix, stating that on 14.8.2015, he had gone to school where he was teacher. At about 11:30 am, his neighbor Sachin (accused/respondent) entered his house where his wife was alone. On the pointing out of knife, Sachin threatened his wife and by molesting, tried to rape her and on making hue and cry by his wife, Sachin fled away by giving life threat to her.
3. A case crime bearing No.199 of 2015 was registered at the police station under Sections 452, 376 IPC against accused Sachin. Investigating Officer recorded statement of prosecutrix and other witnesses
Point of Law : In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising revisional jurisdiction. Even while exercising an appellate power ag....
Point of Law : It is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court shou....
Point of law: It is by now well settled that Appellate Court hearing appeal filed against judgment and order of acquittal will not overrule or otherwise disturb the Trial Court's acquittal if Appella....
In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising revisional jurisdiction. Even while exercising an appellate power against a judgmen....
Point of Law : It is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court shou....
Point of law: In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising the revisional jurisdiction. Even while exercising an appellate power....
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