In this Criminal Appeal, the State challenged the acquittal of respondents under Section 3 R.P.U.P. Act. The High Court found no infirmity in the trial court's reasoning regarding lack of evidence on constructive possession and dismissed the appeal.
Application for leave to appeal was rejected and the instant appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 13
Case :- GOVERNMENT APPEAL No. - 3245 of 2001
Appellant : - State Of U.P. Respondent :- Kanta Prasad & Others Counsel for Appellant :- R.P. Dube
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the impugned judgment and order dated 21.05.2001 passed by Additional Sessions Judge, Court No. 1, District Gorakhpur in Criminal Appeal No. 11 of 2001 (Kanta Prasad and others Vs. State of U.P.) whereby the accused-respondents were acquitted of the charge under Section 3 R.P.U.P. Act, Police Station - Gulriha Bazar, District- Gorakhpur.
As per prosecution version, on 22.04.1982 at about 2:00 p.m. five pieces of railway track was recovered from the Taanga belonging to Radhe and Kamta Prasad was sitting on the Tanga. It was not proved whether stolen property was in possession of Radhe or in possession of Kamta Prasad
Learned Sessions Judge held that prosecution has not produced any evidence to show the constructive possession of the alleged recovered pieces of railway track.
Accordingly, the view taken by the learned trial court is possible one and based on reasoning. Accordingly, I find no infirmity in the impugned order passed by the Sessions Judge.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed.
Order Date :- 14.9.2018 Sharad/-
1 issue framed by the court
Whether to grant leave to appeal against the acquittal of accused-respondents under Section 3 R.P.U.P. Act.
1 provisions across 1 enactments
State Of U.P.
Kanta Prasad & Others
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
