STATE OF U P Vs. SHYAMLAL

JUDGEMENT

(1.) THIS Government Appeal arises from the judgement of the Additional Sessions Judge, Fast Track Court No. 7, Banda, dated 4.6.2004 acquitting the accused -respondent Shyam Lal under sections 409, 420, 411 and 201 I.P.C. and section 5/13 of the Prevention of Corruption Act.

(2.) WE have heard Sri Anand Tiwari, learned A.G.A. for the State -appellant and Sri V.S. Parmar, learned counsel for the accused -respondent.

(3.) THE prosecution case was based on a report (Ext Ka -1) lodged by Godhani Devi, (P.W.1) on 9.9.1994 at 2.30 p.m. at P.S. Kamasin, Banda, alleging that on 30.8.1994, she had been sanctioned a loan of Rs.15000/ - in her favour. However, she had been given an amount of Rs.7000/ - as the first instalment. When she was proceeding to her home, the accused -respondent snatched her bag outside the post office, and issued threats to her. Bhaiya Lal and Vijai Singh were also present at that time. Initially, the F.I.R. was lodged under section 392 IPC at Case Crime No. 187 of 1994 by Shishu Pal Singh, P.W. 5, the Investigating Officer.