STATE (NCT OF DELHI) Vs. SAGAR

JUDGEMENT

(1.) The instant appeal filed under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, "Cr.P.C.") is directed against the order dtd. 22/5/2015 passed in Sessions Case No.118/2013 by the learned Additional Sessions Judge - 01, NorthWest, Rohini Courts, New Delhi, acquitting the accused/respondent in a case arising out of FIR No. 137/2013 under Sec. 354/354/354B/451 of the Indian Penal Code, 1860 (hereinafter referred to as, "IPC") registered at Police Station Bharat Nagar, New Delhi.

(2.) Learned counsel appearing for the appellant/State states that the impugned order passed by the Learned Additional Session Judge (hereinafter referred to as, "learned ASJ") is perverse, palpably wrong, manifestly erroneous, and is based upon misreading evidence and is demonstrably not sustainable in the eyes of law. Further, it is against the basic provision of law. He further submits that the order of learned ASJ is based on conjectures and surmises and thus cannot stand the scrutiny of law and hence, deserves to be quashed.

(3.) Learned counsel appearing on behalf of the respondent, on the other hand, opposed the prayer and submits that the learned trial court has rightly concluded that the prosecution has failed to prove its case beyond reasonable doubt. According to him, the reasoning given by the learned trial court for the acquittal of the respondent is based on the sound legal principle that the accused cannot be convicted unless the prosecution proves the case beyond any reasonable doubt. In the instant case, he submits that the respondent has been falsely implicated in the case and there is no reason to believe the prosecution story.