STATE OF NCT OF DELHI Vs. ASGAR ALI

JUDGEMENT

(1.) The instant appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (In short "Cr.P.C.") is directed against the judgment of acquittal dtd. 16/4/2015 passed in Sessions Case No.12/13 by the learned Additional Sessions Judge - 03, North-East, Karkardooma Courts, New Delhi, acquitting the accused/respondent in a case arising out of FIR No.24/2012 under Sec. 304 of the Indian Penal Code, 1860 (In short "IPC") registered at Police Station Seelampur, Delhi.

(2.) Learned counsel appearing for the appellant states that the impugned order passed by the learned ASJ is perverse, palpably wrong, manifestly erroneous, and demonstrably is 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 as such cannot stand the scrutiny of law and thus, deserves to be quashed.

(3.) The case of the respondent is that the learned trial court has rightly concluded that the prosecution has failed to prove the 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 reasonable doubt. In the instant case, he submits that evidence has been created falsely to implicate the respondent and there is no reason to believe the prosecution story.