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2015 DIGILAW 3376 (ALL)

State of U. P. v. Basudev Yadav

2015-10-28

MOHD.TAHIR

body2015
JUDGMENT Mohd. Tahir, J. This appeal has been filed against the judgment and order dated 4.6.2015 passed by Additional Sessions Judge/Special Judge (S.C./S.T. Act), acquitting the accused/respondents in Special Session Trial No.161 of 2003 (State vs. Basudev Yadav and others), under Sections 323/34, 352/34, 504, 506 I.P.C. and 3(1)(10) S.C./S.T. Act, P.S. Bhognikpur, District Kanpur Dehat. 2. Heard learned AGA for the State and perused the trial court's judgment and order. 3. On a careful perusal of the judgment and record, it cannot be said that the view taken by the Trial Judge is perverse or unreasonable. Simply because another view might have been taken of the evidence provides no ground for interfering with the order of acquittal unless the view taken by the Trial Judge is not a possible view. On the evidence available on record, it cannot be said that the view taken by the Trial Judge was not a reasonable possible view. 4. In this view of the matter, there is no merit in the application for leave to appeal which is rejected and consequently, the Government Appeal is also dismissed.