STATE OF U. P. Vs. MOHD. IBRAHIM

JUDGEMENT

(1.) The present Government Appeal has been filed under Sec. 378(3) Cr.P.C. by the learned Additional Government Advocate for the Stateappellant along with an application seeking leave to appeal challenging the Judgment and Order dtd. 30/5/2023 passed by learned Additional Sessions Judge/Fast Track Court No.1 (Crime Against Women), Fatehpur in Sessions Trial No. 132/2014, (State vs. Mohd. Ibrahim @ Munna and six others), arising out of Case Crime No. 594 of 2013 at P.S. Kotwali, District Fatehpur by means of which all the accused respondents have been acquitted for the offence under Ss. 120B/302, 328/149, 302/149, 201/149 IPC.

(2.) Learned State Counsel while pressing the application seeking leave to appeal contended that learned Trial Court has not appreciated the prosecution evidence in its correct perspective. It has been submitted that the findings of acquittal recorded by learned Trial Judge is against the evidence on record. He next submitted that the learned Trial Court has committed a manifest error of law and has ignored the material evidence on record by the prosecution by holding that the prosecution had failed to prove the charges against the accused respondents beyond the reasonable doubt.

(3.) We have heard the learned Additional Government Advocate for the Appellant-State and also perused the findings recorded by the Trial Court.