STATE OF PUNJAB Vs. JANG BAHADUR

JUDGEMENT

(1.) The respondents were tried for offences under Section 376 (g) and 376 read with 114 Indian Penal Code on the allegation that on 12th November, 1993 they had committed rape on the prosecutrix, Public witness 1. The trial court after recording evidence produced on behalf of the prosecution, vide judgment dated 7th September, 1994 acquitted the respondents of both the charges. The High Court declined to grant leave. Opining that the order of acquittal recorded by the trial court was well founded, High Court dismissed an appeal against acquittal on 29th May, 1995. The State is in appeal by special leave against the said order of the High Court.

(2.) We have heard learned Counsel for the parties and examined the record. In our opinion, the view taken by the trial court cannot be said to be either unreasonable or erroneous, much less perverse. The appreciation of evidence by the trial court is proper and the High Court under the circumstances was justified in declining leave to file appeal against acquittal. We are not persuaded to take a different view. The appeal, therefore, fails and is dismissed. The respondents are on bail. Their bail bonds shall stand discharged.