Revision petition by the victim questioning the acquittal of accused persons. The High Court found no irregularity in the trial court's appreciation of evidence and dismissed the petition, upholding the acquittal.
The revision petition was dismissed upholding the acquittal of the respondents.
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In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 1439 of 2001
Date of decision: February 26, 2009
Bihari Lal
... Petitioner
Vs.
Jagdeep Kumar @ Bittu and others
... Respondents
Coram:
Hon'ble Mr. Justice A.N. Jindal
Present: None for the parties.
A.N. Jindal, J
Assailed in this petition is the judgment dated 17.5.2001 passed by the learned Sessions Judge, Ambala, whereby the accusedrespondents (herein referred as 'the accused') were acquitted of the charges framed against them.
The factual matrix of the case is that on 1.7.1999, the complainant Bihari Lal father of the prosecutrix lodged a complaint (Ex.PQ) to the police alleging therein that on 26.6.1999, the accused Neeraj Bala took the prosecutrix (name not disclosed) for a walk, but the later did not return home. He suspected that Jagdeep Kumar had kidnapped the prosecutrix in connivance with other accused. On the basis of the said complaint, FIR was registered and investigation commenced. On 2.7.1999, the prosecutrix was recovered from Bus Stand, Jagadhri. Statement of the prosecutrix was recorded and she was also medico legally examined from Civil Hospital, Ambala Cantt. The accused was arrested. Completion of the investigation was followed by a report under Section 173 Cr.P.C.
Crl. Revision No. 1439 of 2001
-2-
On trial, the accused were acquitted of the charges framed against them. It is a revision petition by private party.
Having examined the impugned judgment, the same does not suffer from any irregularity much less illegality resulting into miscarriage of justice. The evidence appears to have been appreciated in the right perspective. Even otherwise, it is well settled by now that in case of acquittal, if two views are possible, then the view taken by the trial court in favour of the accused should be accepted.
Consequently, finding no merit in the petition the same is
dismissed.
(A.N. Jindal) Judge
February 26, 2009 deepak
1 issue framed by the court
Whether the impugned judgment acquitting the accused suffers from any irregularity or illegality resulting in miscarriage of justice.
Bihari Lal
Jagdeep Kumar @ Bittu and others
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
