STATE OF H P Vs. RAHUL KUMAR SHARMA

JUDGEMENT

(1.) Assailing the judgment dated 03.01.2012, passed by the Additional Sessions Judge (II), Kangra at Dharamshala, H.P., in RBT S.C. No.69-K/VII/10/2009 / S.T. No.34/11, titled as State Versus Rahul Kumar , whereby accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) In connection with FIR No.59/08, dated 23.12.2008 (Ex.PW.25/A) registered at Police Station, Nagrota Bagwan, District Kangra, H.P., accused was charged to face trial for having committed offences punishable under the provisions of Sections 341, 353, 332, 333 and 302 of the Indian Penal Code. Finding the prosecution case not to have established its case, through the testimonies of 26 prosecution witnesses, trial Court has acquitted the accused on all counts.

(3.) We have heard learned counsel for the parties, as also perused the record. Having done so, we are of the considered view that no case for interference is made out at all. We find that the judgment rendered by the trial Court is based on complete, correct and proper appreciation of evidence (documentary and ocular) so placed on record. There is neither any illegality/infirmity nor any perversity with the same, resulting into miscarriage of justice.