LAWS(P&H)-2015-9-699

SATISH KUMAR Vs. STATE OF PUNJAB & ANOTHER

Decided On September 15, 2015
SATISH KUMAR Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) This is an appeal against acquittal instituted by Satish Kumar, complainant, assailing the impugned judgment dated 22.04.2015 rendered by learned Additional Sessions Judge, Exclusive Court, Amritsar, whereby respondent Shelly was acquitted.

(2.) Thereafter, opinion of D.A. (Legal) was obtained who approved the inquiry report, vide which accused was declared innocent. Statement of witnesses were recorded. After completion of necessary investigations, the accused were challaned in this case.

(3.) After hearing both the sides and appraising the entire evidence and material coming on record, the learned Trial Court, vide impugned judgment dated 22.04.2015, convicted accused-Ashwani Kumar for the offence punishable under Section 363/366 IPC and under Section 4 of the Protection of Children from Sexual Offences Act, 2012. As the prosecution has failed to prove the charge against Shelly beyond reasonable shadow of doubt, therefore, by giving the benefit of doubt Shelly was acquitted of the charge framed against them.