Held, the revision against an acquittal fails because no perversity was established in the lower court's finding to disbelieve the prosecution story. The High Court dismissed the Criminal Revision.
Criminal Revision No. 473 of 2001 dismissed; acquittal of opposite parties upheld.
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Court No. - 28
Case :- CRIMINAL REVISION No. - 473 of 2001
Revisionist :- Sahendra Pal Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- Onkar Singh Counsel for Opposite Party :- Govt. Advocate,Rajesh Shukla
Hon'ble Rajeev Misra,J.
Heard Sri Ravindra Kumar, learned counsel for the revisionist, learned A.G.A. for the State and Sri Rejesh Shukla, holding brief of Sri S.K. Pandey, learned Counsel appearing for opposite parties No. 2 to 9.
This Criminal Revision has been filed against the judgement and order dated 19.01.2001 passed by IInd Additional Sessions Judge, Muzaffarnagar in S.T. No. 1457 of 1999 (State VS. Gulzama and 7 others), under sections 147, 323, 504 IPC and section 3(1)(x) of SC/ST Act, Police Station, Babri, District Muzaffarnagar.
From a perusal of the order passed by the court below, it transpires that the court below has dis-believed the prosecution story on the basis of the evidence adduced by the prosecution itself.
Learned counsel for the revisionist could not point out any perversity in the findings recorded by the court below. There is no ground to interfere in the order passed by the court below acquitting the opposite parties no. 2 to 9.
In view of the above, the revision fails and accordingly it is dismissed.
Order Date :- 10.7.2019
RPD
1 issue framed by the court
Whether Criminal Revision should be entertained regarding the discretion of courts to disbelieve prosecution evidence.
2 provisions across 2 enactments
Sahendra Pal
State Of U.P.
Gulzama
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
