STATE Vs. AMJAD KHAN

JUDGEMENT

(1.) CRL.M.A.No.388762019 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed off. CRL.LP. 5772019 By the present Leave Petition filed under Section 378 (1) of the Code of Criminal Procedure, (hereinafter referred as 'Cr.P.C.'), the State seeks leave to appeal against the judgment dated 02.08.2019 passed by the learned Trial Court in Sessions Case No. 50817, whereby all the respondents (accused before the Trial Court) were acquitted of the offence punishable under Section 30734 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and were convicted for the offence punishable under Section 32334 IPC and were sentenced to the period already undergone by them, with a fine of Rs. 1,000 each and in default of payment of fine, simple imprisonment for seven days.

(2.) The brief facts of the case, as distinguished by the learned Trial Court are reproduced as under

(3.) In order to bring home the guilt of the accused persons, the prosecution examined 6 witnesses in all. The incriminating evidence and circumstances were put to the accused persons under Section 313 of Code of Criminal Procedure wherein they pleaded to have been falsely implicated in the present case and accused Huma Praveen examined herself under section 315 Cr.P.C.