STATE OF RAJASTHAN Vs. KALU RAM

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order dated 16. 5. 1996 passed by the learned Sessions Judge, Merta in Sessions Case No. 25/1994 by which he acquitted the accused respondent of the charge for the offence under Section 376 IPC and another Om Prakash of the charge for the offence under Section 376/34 IPC.

(2.) IT may be stated here that though the learned Sessions Judge acquitted two accused persons, but this Court vide order dated 2. 5. 1997 granted leave to appeal to State of Rajasthan only against the present accused respondent Kalu Ram.

(3.) THE question that arises for consideration is whether the above mentioned findings of acquittal recorded by the learned Sessions Judge, which are based on correct evaluation of all aspects of evidence, are liable to be confirmed one or not.