STATE OF U.P. Vs. NOORUDDIN

JUDGEMENT

(1.) The present appeal under Sec. 378 of the Code of Criminal Procedure is filed by the State challenging the judgement and order of acquittal passed by learned Additional Sessions Judge, Raebareilly , in Sessions Trial No. 66 of 1996 on 13.2.1998 whereby the respondent-original accused was acquitted of the offences punishable under Sections 363 and 366 of Indian Penal Code ( hereinafter referred to as "IPC").

(2.) The matter was though listed for hearing, an attempt was made to serve the respondent-original accused. However, on going through the record, the Court is of the opinion that the matter can be decided on merits after hearing learned counsel for the appellant. Therefore, the matter is taken up for hearing on merits.

(3.) By way of this appeal State has felt aggrieved whereby accused was acquitted in Sessions Trial No.66 of 1996 whereby he was charged for having alleged to have committed offence under Sec. 366 read with Sec. 363 of IPC. The matter was committed to the Court of Sessions being a sessions triable case.