STATE OF NCT OF DELHI Vs. FAIZAL RIYAZ

JUDGEMENT

(1.) The instant appeal filed under Sec. 378 of the Code of Criminal Procedure, 1973 (In short "Cr.P.C.") is directed against the judgment of acquittal dtd. 11/11/2014 passed in Case No.82/2/14 by the learned Metropolitan Magistrate-10 (South-East), Saket Courts, New Delhi, acquitting the accused/respondents in a case arising out of FIR No. 273/2008 under Ss. 325/34 of the Indian Penal Code (in short "IPC"), 1860 registered at Police Station Jamia Nagar, Delhi.

(2.) Learned counsel appearing for the appellant states that the impugned judgment passed by the learned Metropolitan Magistrate (in short "learned MM") is perverse, erroneous and demonstrably not sustainable in the eyes of law; and is against the basic provision of law. He further submits that the order of learned MM is based on conjectures and surmises and as such cannot stand the scrutiny of law and thus, deserve to be quashed.

(3.) The case of the respondents is that the learned trial court has rightly concluded that the prosecution has failed to prove the case beyond a reasonable doubt. The reasonings given by the learned trial court are based on the sound legal principle that the accused cannot be convicted unless the prosecution proves the case beyond a reasonable doubt. In the instant case, he submits that the evidence has been created falsely to implicate the respondents and there is no reason to believe the prosecution story.