The Single Judge dismissed the Criminal Leave to Appeal filed by the State against an acquittal, finding no prima facie substance or compelling reason to interfere.
Criminal Leave to Appeal No.99 of 2016 is dismissed being devoid of merit.
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CRLLP No.99 of 2016
Heard Mr. J. Katikia, learned Additional Government Advocate for the State.
The State has preferred this CRLLP under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order of acquittal dated 21.01.2015 passed by the learned Additional Sessions, Bhubaneswar in Crl. Tr. No.47/6/12 of 2013/12, whereby the Respondent has been acquitted for commission of offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860.
Examined the impugned judgment.
We have also gone through the certified copies of the depositions of the prosecution witnesses filed by the learned Additional Government Advocate.
We are of the opinion that the conclusion of the learned Additional Sessions Judge, Bhubaneswar cannot be held to be perverse or patently illegal. It is also not the case of the State that the Additional Sessions Judge, Bhubaneswar has ignored certain evidences.
The argument of the learned Additional Government Advocate is that the conclusion reached by the learned Additional Sessions Judge, Bhubaneswar on the assessment of the evidence is wrong.
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But, we are of the opinion that only because we may on final analysis come to a different conclusion from the learned Additional Sessions Judge, Bhubaneswar, the CRLLP cannot be allowed, when the learned Additional Sessions Judge, Bhubaneswar has recorded a not guilty finding in favour of the accused.
Finding no prima facie substance and compelling reason to grant leave to appeal, the CRLLP is dismissed being devoid of merit. …………………… ( S. K. Mishra) Judge
….………………… (Savitri Ratho) Judge
BJ
2 issues framed by the court
Whether leave to appeal should be granted against an acquittal finding.
Whether the conclusion of the Additional Sessions Judge can be held perverse or patently illegal.
2 provisions across 2 enactments
S. K. Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
