STATE OF H.P. Vs. DEV DUTT

JUDGEMENT

(1.) MR . Ashok Tyagi, has been requested to assist this Court as amicus curiae on behalf of the respondent accused and he has agreed to assist this Court.

(2.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to judgment dated 24.6.1999, passed by Learned Additional Chief Judicial Magistrate, Court No. 1, Shimla, H.P., in Case No.106/20 of 1996/94 under Sections 457, 380 and 120B of the Indian Penal Code, acquitting the alleged respondent accused .

(3.) AFTER investigation, respondent accused was charged for the aforesaid offences. In order to prove its case, the prosecution has examined as many as 10 prosecution witnesses, whereas, the accused through his statement under Section 313 of Code of Criminal Procedure, has denied the prosecution case and shown his innocence.