STATE Vs. AMIL AHMED

JUDGEMENT

(1.) The present leave petition has been filed by the State under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C) against the impugned judgment dated 09.05.2018 and order on sentence dated 16.05.2018 passed by Learned Additional Sessions Judge-03 (East), Karkardooma Courts, Delhi in FIR no. 128/2015 at PS, Gandhi Nagar, registered under Sections 394/397/307/411/34 IPC whereby the respondents were acquitted of the offence punishable under Sections 397/34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC).

(2.) The brief facts of the case, as recorded by the Learned Trial Court are reproduced as under:-

(3.) In order to bring home the guilt of the respondents, the prosecution examined 10 witnesses in all. The Statements of the respondents were also recorded under Section 313 Cr.P.C. wherein they pleaded their innocence by denying all incriminating circumstance and claimed to have been falsely implicated. Both the respondents examined four defence witnesses in order to prove their innocence.