Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Ashish Shukla, learned Additional Advocate General appearing for the petitioner/State on I.A. No.01, which is an application for condonation of delay of 696 days in preferring the present criminal miscellaneous petition.

2. The State/petitioner has preferred the instant application for grant of leave to appeal and appeal against the findings and judgment of acquittal dated 23.02.2024, passed in Criminal Appeal No. 04/2019, by the Court of learned First Additional Sessions Judge Kanker, District Uttar Bastar Kanker (C.G.) whereby acquitting the respondent from the offence punishable under under Section 409 read with Section 34 of the IPC in connection with Crime No. 45/2005 at Police Station- Charama, District- Uttar Bastar Kanker (C.G.).

3. Learned counsel for the appellant / State submits that though the scope of interference with an order of acquittal is limited, the appellate Court nonetheless possesses wide powers of re-appreciation of evidence, and where such reappraisal reveals that the findings of acquittal are unjust, perverse or against the weight of evidence, the appellate Court is fully empowered to r