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State of U. P. – Appellant
Versus
Khusi Ram – 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 18.2.1986, passed by the learned Additional Sessions Judge-V, Shahjahanpur, in Session Trial No.300 of 1985 (State vs. Khushi Ram & another) arising out of Case Crime No.172 of 1985 under Sections 376, 380 and 376/114 IPC, Police Station-Sehramau (South), District-Shahjahanpur, whereby learned trial Judge acquitted both the accused persons of all the charges.
2. Brief facts of this case are that an FIR was lodged by the complainant stating that on 20.3.1985 at about noon, accused persons Khushi Ram and Satish entered the house of prosecutrix, who is a married lady, where she was alone. Her father and sister were also away from the home. Accused persons shut the main door of the house and accused-Khushi Ram committed the rape upon the prosecutrix forcibly. Accused-Satish caught hold the prosecutrix during the course of commission of the crime. Satish also took jewelry and cash of the prosecutrix at the time of running from the h
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....
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 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 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 : The law on the issue is well settled that demand of illegal gratification is sine qua non for constituting an offence under the 1988 Act. Mere recovery of tainted money is not sufficie....
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....
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