HUKUM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ashish Chaudhary, learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the lower court record.

(2.) THIS application for granting the leave to appeal has been filed against the judgement and order dated 15.07.2011 passed by learned Additional Sessions Judge/ Special Judge, J.P. Nagar in S.T. No. 74 of 2001 whereby the accused respondents have been acquitted for the offence punishable under sections 147, 452, 148, 324/149, 308/149, 506, 504, 376 IPC.

(3.) ACCORDING to the medical examination of the P.W. 2 Smt. Suman, medical examination report of P.W. 3 Km. Beena and P.W. 4 Km. Suman show that Smt. Suman was badly beaten, she had sustained injuries caused by different types of the weapons. Km. Beena and Km. Sushma were raped. The trial court has drawn the conclusion that both the prosecutrix were not raped, it is based on simply conjectures and surmises. In fact it was not a case of dacoity, even no chargesheet was submitted in such offence. The alleged offence was committed on account of the enmity but the trial court has recorded the finding of the acquittal treating the case as of dacoity. The finding of the acquittal recorded by the trial court requires re-consideration because it has been fully supported by the injured Smt. Suman, prosecutrix Km. Beena and Km. Sushma. Therefore, the leave to appeal is granted. Accordingly this application is allowed.