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2021 Supreme(All) 1239

K.J.THAKER, VIKAS BUDHWAR
State of U. P. – Appellant
Versus
Kashmir Singh – Respondent


Advocates:
Point of law: It settled that Appellate Court hearing the appeal filed against judgment and order of acquittal will not overrule or otherwise disturb Trial Court's acquittal if Appellate Court does not find substantial and compelling reasons for doing so. If Trial Court's conclusion with regard to the facts is palpably wrong; if Trial Court's decision was based on erroneous view of law.

JUDGMENT :

1. Heard learned Government Pleader for the appellant.

2. This appeal under Section 378(3) of CrPC challenges the acquittal of the accused, who was charged with commission of offence under Sections 363 and 366 of the Indian Penal Code (IPC).

3. The prosecution was moved into motion by a written report dated 18.6.1996 at P.S. Dannahar, District Mainpuri and it was alleged that the sister of the complainant, who was 14 years of age, when they went to ease in the field, accused Kashmir Singh, Pappu and Girish Chandra enticed away the prosecutrix, namely, the sister of the complainant. The complainant's mother started searching the prosecutrix, but the prosecutrix end the accused absconded and the complainant did not lodge the complaint because of the fear of being defamed. It was then disclosed that the accused had kidnapped the minor and therefore, the case being Crime no. 117 of 1996 under Sections 363, 366 of the Indian Penal Code (IPC) was lodged. The police investigated the matter and the victim/ prosecutrix was recovered on 27.9.1996 from a village known as Bhanupura

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