STATE OF U.P. Vs. RESHMANI

JUDGEMENT

(1.) This Government Appeal No. 710 of 1985 under Sec. 378, Cr.P.C. has been filed by the State of U.P. against Reshmani s/o Jogeshwar Prasad (suspended Pharmacist P.H.C., Dalel Nagar, Mirganj, District Bareilly) against the impugned judgment and order of acquittal dated 1.10.1984 passed by Additional Sessions Judge (Special Judge), Bareilly in criminal appeal No. 215 of 1984 whereby he has set aside the conviction and sentence of accused -respondent dated 20.6.1984 passed by II Asstt. Sessions Judge, Bareilly in S.T. No. 294 of 1983 under Ss. 354 and 376, I.P.C. It appears that in Sessions Trial No. 294 of 1983 State of U.P. v/s. Reshmani, under Ss. 354/376, I.P.C., P.S. Mirganj, District -Bareilly, learned II Asstt. Sessions Judge, Bareilly vide his judgment and order dated 20.6.1984 convicted and sentenced respondent Reshmani to undergo R.I. for one year under Sec. 354, I.P.C. and R.I. for five years along with fine of Rs. 200 under Sec. 376, I.P.C. and in case of default of payment of fine he was directed to further undergo a sentence of six months. Both the sentences were to run concurrently. Against the aforesaid judgment and order of conviction dated 20.6.1984 respondent Reshmani filed criminal appeal No. 215 of 1984 before the High Court of Judicature at Allahabad. The said appeal was sent back to learned Sessions Judge, Bareilly by the Hon'ble High Court vide its order dated 17.7.1984 for disposal according to law and ultimately, it was transferred to the Court of Additional Sessions Judge (Special Judged Bareilly who vide his impugned judgment and order dated 1.10.1984 allowed the appeal and set aside the order of conviction and sentence dated 20.6.1984 passed against the respondent by learned trial Court.

(2.) Learned C.J.M. Bareilly vide his letter dated 26.4.2014 reported that accused Reshmani has retired on 30.4.2013 from P.H.C. Lambua, District -Sultanpur and he is residing at present in village Parsa Mahapatra, P.O. Katree Bazar, Tehsil Naugarh, District Siddharth Nagar (U.P.). Accused Reshmani himself has filed affidavit dated 28.4.2014 before this Court showing his aforesaid present address.

(3.) This Government appeal has been preferred on the ground that the impugned judgment and order dated 1.10.1984 passed by Additional Sessions Judge (Special Judge), Bareilly is against the law and facts of the case. It is illegal, perverse, manifestly erroneous and resulted in miscarriage of justice. Learned Appellate Court has committed serious error in appreciating the evidence both in law and facts; it is based on presumptions, conjectures and surmises unwarranted by law; F.I.R. was wrongly held to be delayed; prosecutrix had no reason to falsely implicate the accused -respondent. The judgment and order of conviction recorded by learned II Asstt. Sessions Judge, Bareilly against respondent is based on sound reasoning but the learned Additional Sessions Judge has reversed the finding of conviction against the weight of evidence on record and acquitted accused -respondent on his own imagination, conjecture and surmises and, therefore, it is liable to be set aside. The prayer has been made to set aside the order of acquittal and maintain the conviction and sentence of the respondent recorded by learned trial Court.