Mohan Sett v. Birju Singh Rajput
Case brief
What is this about?
Criminal appeal CRA 93 of 1987 by appellant Mohan Sett against acquittal dated 13.12.1986 by Metropolitan Magistrate, 12th Court, Calcutta under Section 255(1) of the Code of Criminal Procedure; acquittal upheld and appeal dismissed by Ananya Bandyopadhyay, J. on 28.02.2024; grounds: trial court justifiably found inconsistencies in prosecution witness evidence about the alleged incident, dispute between parties civil in nature; SI Bowbazar Police Station report dated 01.02.2024 stated appellant could not be traced out; no advocate appeared for either party; lower court records returned to trial court.
What did the court decide?
The learned trial court had justifiably found inconsistencies in the evidence of the prosecution witness regarding the occurrence of the alleged incident. ¶8