STATE OF TRIPURA Vs. SIDDIK MIAH

JUDGEMENT

(1.) The State of Tripura by filing this appeal under Section 378 of the Code of Criminal Procedure, 1973 (CrPC, in short) called in question the legality of the judgment and order of acquittal dated 27.02.2009 passed by the learned Additional Sessions Judge, West Tripura, Sonamura in S.T. 42 (WT/S) of 2008. Sans unnecessary details, the essential facts may briefly be noted as under:

(2.) The prosecution has examined as many as 8 witnesses and admitted a few documents in the evidence to drive the charge home, but, the defence did not adduce any evidence either oral or documentary. They had denied the entire prosecution case as false. The Additional Sessions Judge on appreciation of the evidence returned the finding that the charge of rape has not been proved against the respondent No. 1. Similarly, the charge as framed under Section 323 IPC had also fallen through for deficiency of the evidence and accordingly, by the impugned judgment and order, both the respondents were acquitted from the said charge.

(3.) Aggrieved, the State of Tripura filed this present appeal against the said order of acquittal.