STATE THR. CBI Vs. SHOBHA CHHABRA

JUDGEMENT

(1.) By way of the present appeal filed under Section 378(2) read with Section 378(3) of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), appellant/CBI seeks setting aside of order of acquittal dated 10.01.2003 passed by the learned Special Judge, Delhi, in case bearing RC84(A)/95-DLI.

(2.) Ms.Rajdipa Behura, learned senior standing counsel appearing on behalf of the appellant/CBI contended that Naimuddin/complainant (PW1) having supported the prosecution case and his evidence having been corroborated by the evidence of Banwari Lal Sharma/ independent witness (PW3), Inderjeit/shadow witness (PW4) and (PW7) Inspector S.R. Singh/ Trap Laying Officer(TLO) there being ample material evidence in proof of the prosecution case, however, the learned Special Judge had committed error and illegality in acquitting the respondent/accused.

(3.) She further submitted that the learned Special Judge had given undue importance to the minor discrepancies in the evidence of the Complainant, shadow witness and the Trap Laying Officer. Therefore, impugned order being perverse and the order of acquittal having resulted in failure of justice, there is need for interference.