STATE OF RAJASTHAN Vs. JAN MOHD.

JUDGEMENT

(1.) This application for leave to appeal has been filed by the State against the judgment of acquittal passed by learned Addl. Sessions Judge No. 2, Kishangarh Bas, Camp-Tijara, Distt. Alwar dated 14.12.2005 whereby the accused-respondents were acquitted of the offence under Section 366 I.P.C. while the co-accused Kamruddin was convicted for the offence under Section 376 and sentenced for 10 years R.I. and fine; and for offence under Section 366 I.P.C. sentenced to 5 years R.I. and fine.

(2.) Heard learned Public Prosecutor for the State and learned counsel for the accused respondents.

(3.) The learned Public Prosecutor has contended that the learned trial Court has failed to appreciate the evidence in right perspective while acquitting the accused respondents and application for leave to appeal may be granted.