STATE OF U.P. Vs. JAIVEER SINGH GOSWAMI

JUDGEMENT

(1.) HEARD learned A.G.A. for the State.

(2.) THIS application has been filed by the State of U.P. with the prayer that leave to appeal may be granted against the judgment and order dated 3.8.2004 passed by Sri Jaisheel Pathak, Additional Sessions Judge,/FTC No.1, Ghaziabad in Sessions Trial No.151 of 1998 whereby the respondent had been acquitted for the offence punishable under sections 376/511, 506, 171 I.P.C.

(3.) THE prosecution story in brief is that while the prosecutrix was going to her relatives' house on a bicycle she was accosted by the respondent accused claiming to be a police officer and took her to a nearby field and attempted rape on her whereupon she cried for help when one Jagvir and two constables came and caught the accused and took him to the Police Station where a case was registered. The Investigating Officer after completing investigation, submitted a charge sheet but in the trial the accused has been acquitted.