STATE (NCT OF DELHI) Vs. MOHIT KUMAR SINGHLA

JUDGEMENT

(1.) The instant appeal under Sec. 378 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") is directed against the judgment dtd. 27/7/2015 passed in Sessions Case No.129/01/13 by the learned Additional Sessions Judge - 01, North-West, Rohini Courts, New Delhi, acquitting the respondents in a case arising out of FIR No.67/13 under Ss. 394/397/411/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") registered at Police Station South Rohini, New Delhi.

(2.) Learned counsel appearing for the appellant/State states that the impugned judgment passed by the learned Additional Sessions Judge (hereinafter referred to as "ASJ") is perverse, palpably wrong, manifestly erroneous and demonstrably not sustainable in the eyes of law. He further submits that the findings of the learned ASJ is based on conjectures and surmises and as such cannot stand the scrutiny of law and thus, deserve to be quashed.

(3.) Learned counsel appearing on behalf of the respondents, on the other hand, opposed the prayer and submitted that the learned trial court has rightly concluded that the prosecution has failed to prove its case beyond a reasonable doubt. According to him, the reasoning given by the learned trial court for acquittal of the respondents is 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 respondents have been falsely implicated in the case and there is no reason to believe the prosecution story.