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2016 DIGILAW 235 (ALL)

State of U. P. v. Sajjan Pal Alias Pappu

2016-01-18

SHASHI KANT GUPTA, VIJAY LAKSHMI

body2016
JUDGMENT Heard learned A.G.A. for the State appellant/applicant and perused the material on record. 2. This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 21.5.2008, passed in Sessions Trial No. 259 of 2006, State of U.P. versus Sajjan Pal @ Pappu, arising out of Case Crime No. 51 of 2005, under sections 363, 366, 376 IPC, P.S. Awagarh, District Etah, connected with Sessions Trial No. 35 of 2006, State of U.P. versus Rajveer @ Nanu and another, arising out of Case Crime No. 51 of 2005, under sections 363 and 366 IPC, P.S. Awagarh, District Etah, and Sessions Trial No. 594 of 2005, State of U.P. versus Indra Pal, arising out of Case Crime No. 51 of 2005, under sections 363, 366 IPC, P.S. Awagarh, District Etah, by the learned Additional Sessions Judge, Court No. 1, Etah, whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above. 3. We have carefully perused the impugned judgment and order of acquittal passed by the court below. 4. The learned counsel for the applicant has failed to demonstrate that the observations of the court below were factually incorrect. 5. We do not find any factual or legal error in the assessment of evidence by the court below. We do not see any illegality or infirmity in the impugned order passed by the court below. The court below has given cogent and convincing reasons for acquitting the accused respondents. Moreover, the view taken by the court below is a possible view. We, therefore, do not consider it to be a fit case for grant of leave to appeal to the applicant. The application seeking leave to appeal is, accordingly, rejected and, consequently the appeal is also dismissed.