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State of U. P. – Appellant
Versus
Anil Kumar – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. This appeal, under Section 378 (3) Cr.P.C. at the behest of the State, has been preferred against the judgment and order dated 13.7.1987, passed by the learned Additional Sessions Judge-VIII, Agra, in Session Trial No.193 of 1986 (State vs. Anil Kumar and another) arising out of Case Crime No.96 of 1985 under Sections 366, 376, 376/114 and 201 IPC, Police Station-Jagdishpura, District-Agra, whereby learned trial Judge acquitted both the accused persons of all the charges.
2. Brief facts of this case are that a written-report dated 26.5.1985 was submitted by complainant, namely, Raj Narayan Sharma (father of the prosecutrix) stating that on 25.5.1985 at about 6:00-6:30 pm, his daughter, namely, the prosecutrix aged about 14 years, was coming to home after fetching a bucket of water from the well. At that time, Smt.Raj Kumari w/o Om Prakash Sharma was standing on balcony of her house. She called his daughter to her house. His daughter went to the house of Raj Kumari after giving bucket to him. After some time, his daughter came back crying. Her clothes
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 aga....
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 : 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: 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....
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....
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