STATE (THROUGH MAPUSA POLICE STATION) Vs. PRAVIN PATEL

JUDGEMENT

(1.) Heard Mr. S. R. Rivankar, learned Public Prosecutor for the Appellant/State and Mr. J. A. Lobo, learned counsel appointed under Legal Aid Scheme to represent the Respondents (Accused).

(2.) This is an appeal against the acquittal recorded by the learned Sessions Judge, Panaji, in Sessions Case No.36/2004, in which, the Respondents were charged for offences punishable under Sections 302, 392 and 201 read with Section 34 of the Indian Penal Code (IPC). The acquittal came to be recorded in judgment and order dated 13th July, 2009 made by the learned Sessions Judge, North Goa, at Panaji.

(3.) Mr. Rivankar, learned Public Prosecutor submits that the view taken by the learned Sessions Judge cannot be said to even be a "possible view". He submits that there are compelling circumstances which warrant to interference with the view taken by the learned Sessions Judge. He therefore submits that this is a fit case to exercise jurisdiction under Section 378 of the Criminal Procedure Code and to interfere with the acquittal recorded by the learned Sessions Judge.