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Court No. - 51

Case :- GOVERNMENT APPEAL No. - 706 of 2018

Appellant :- State Of U.P.

Respondent :- Ramesh

Counsel for Appellant :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ifaqat Ali Khan,J.

Heard Shri Patanjali Mishra learned AGA on the application

seeking leave to appeal against the judgment and order dated

23.5.2018 by means of which accused respondent Ramesh has been

acquitted of the offence under Sections 363, 366, 376(Gha) and 6

POCSO Act.

Learned A.G.A. has strongly pressed the application with the

contention that the prosecution evidence has not been appreciated by

the court concerned in its correct perspective. He has submitted that

the finding of acquittal recorded by learned trial judge is against the

evidence on record. He next submitted that the learned trial judge has

committed a patent error of law and ignored the material evidence on

record while holding that the prosecution had failed to prove the

charge against the accused respondents beyond the reasonable doubt.

We have heard learned AGA at great length. We have also

perused the findings as recorded by the court concerned. Perusal of

record shows that the court concerned while returning the verdict of

acq