UNION OF INDIA Vs. HARIDASS

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal recorded by the Special Court for Economic Offences, Bengaluru in C.C.No.458/2005 dated 7.3.2012 whereby the Special Court has acquitted the respondents/accused Nos. 1 to 5 and 7 of the offences punishable under Sec. 3(a) of RP(UP), 1966.

(2.) The main contention urged in the appeal by the State are that the court below has failed to appreciate the evidence in proper perspective and by blindly applying the doctrine of benefit of doubt has acquitted the respondents/accused Nos. 1 to 5 and 7, even though there is direct evidence of the fact that accused Nos. 1 and 2 were caught red-handed and the property belonging to the Railways was seized from their possession.

(3.) I have heard the learned HCGP on behalf of the State and the learned counsel for the respondents/accused and have carefully scrutinized the oral and documentary evidence produced by the prosecution.