STATE Vs. SHARADA

JUDGEMENT

(1.) THE judgment dated 23.07.2012 passed by the Fast Track Court, Sagar (hereinafter referred to as the Trial Court' for brevity) in Sessions Case No. 33/2011 is called in question in this appeal by the State.

(2.) CASE of the prosecution in brief is that the deceased Shilpa aged about nine years, is the daughter of PWs. 1 and 10. PW1 is the father of the deceased and PW10 is the mother of the deceased.

(3.) SRI P.M. Nawaz, learned SPP appearing on behalf of the State taking us through the entire material on record submits that there is voluminous evidence in favour of the prosecution to prove the guilt of the accused; PWs. 2 and 3 are the eye witnesses to the incident in question; PWs. 4, 5 and 11 are the eye witnesses who deposed regarding the circumstantial evidence of deceased going with the accused just prior to the incident in question. He further submits that the circumstances of motive are also proved by the prosecution beyond reasonable doubt. Thus according to him, the Trial Court is not justified in acquitting the accused, particularly by disbelieving the versions of the eye witnesses. He further submits that the reasons assigned and the conclusion arrived at by the Trial Court are improper and incorrect.