STATE OF U.P. Vs. SHISH PAL SINGH

JUDGEMENT

(1.) Heard Sri M.P. Singh Gaur, learned A.G.A. for the State-appellant on the application seeking leave to appeal against the judgement and order dated 18.8.1998 passed in Criminal Case No. 381 of 1996 (State v. Sheeshpal Singh), under Section 363 IPC, P.S. Modi Nagar, District Ghaziabad by which accused-respondent has been acquitted.

(2.) Learned A.G.A. has strongly pressed the application with the contention that the prosecution evidence has not been appreciated by the court concerned in its correct perspective. He has submitted that the finding of acquittal recorded by the learned trial court is against the evidence on record. He next submitted that the learned trial court has committed a patent error of law and ignored the material evidence on record while holding that the prosecution had failed to prove the charge against the accused-respondent beyond the reasonable doubt.

(3.) From perusal of impugned judgment of learned trial court, it appears that 8 witnesses were examined before the court out of which 6 witnesses were fact witnesses. Learned trial court found that all the witnesses who were examined by the prosecution could not prove the guilt beyond shadow of any doubt against the accused-respondent. It was also found that no reason was given for kidnapping of one and half year old child and the child was recovered just within two days from the date of said kidnapping. The accused and the complainant both belong to the same place and were known to each other. There was discrepancy in the name of witness who lastly handle the child and took the child from the possession of P.W. 2-Smt. Tara Kaur. Regarding fact of recovery of child, there was discrepancy which created doubt with regard to recovery of the child. Since the whole case was found unbelievable and not proved by the prosecution, the impugned judgement was passed.