LAWS(HPH)-2017-6-124

VIDYA DEVI AND OTHERS Vs. SANJAY THAKUR

Decided On June 13, 2017
Vidya Devi And Others Appellant
V/S
Sanjay Thakur Respondents

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure takes exception to the order passed by the learned Additional Sessions Judge-1, Shimla on 2.11.2016 whereby he reversed the judgment passed by the learned trial Magistrate.

(2.) Learned trial Magistrate dismissed the complaint. However, the said judgment has been reversed by the learned Additional Sessions Judge in revision filed by the respondent against the said judgment.

(3.) A perusal of the judgment would show that while reversing the judgment learned Additional Sessions Judge has not cared to discuss the testimony of the witnesses or even record clear, convincing and cogent reasons for arriving at its conclusion. This would be clearly evident from the perusal of paragraphs No. 11 to 13 of the judgment, which read thus: