STATE OF U.P. Vs. ASHISH

JUDGEMENT

(1.) The State has preferred this appeal against the judgment of acquittal dated 04.09.2014 passed by the learned Additional District and Sessions Judge/Special Judge (SC/ST Act), Gautam Budh Nagar in Sessions Trial No. 515 of 2010 ( State Vs. Ashish alias Ashu) under Section 342 and 376 I.P.C. and 3(1) 12 of SC/ST Act and has sought permission for such purpose by means of this application under Section 378(3) Cr.P.C.

(2.) We have heard learned A.G.A. representing the appellant-State and have carefully gone through the impugned judgment.

(3.) The learned A.G.A. has assailed the legality and correctness of the judgment impugned by arguing that the learned trial court has not properly appreciated the evidence and has decided the case on the basis of conjectures and surmises; the learned trial court has not weighed and assessed the evidence in proper perspective and has disbelieved the prosecution story on the basis of minor contradictions without keeping in view the fact that due to lapse of time, the memory fades and due to this some minor contradictions in the statements of witnesses are bound to occur.