In a government appeal, the High Court of Uttaranchal dismissed the State's appeal against the acquittal of the accused under Section 409 I.P.C. The court held that there were no sufficient grounds to interfere with the valid acquittal recorded by the trial court on cogent grounds.
The appeal was dismissed; the acquittal of the accused was upheld.
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.
In the High Court of Uttaranchal, at Nainital. Government Appeal No. 1119 of 2001 (Old No. 1738/ 1986)
The State of U.P. …. Appellant. Versus Rajendra Dutt son of Narain Dutt R/o Ediwal Syun, P.S. Pauri District Pauri Garhwal Accused-Respondent.
Hon’ble B.C. Kandpal, J.
Heard learned A.G.A and perused the record.
2- This appeal has been preferred against the acquittal of the accused/respondent Rajendra Dutt U/S 409 I.P.C.
3- The accused was prosecuted under Sections 408, 420, 468 I.P.C. but during the course of the trial he was charged U/S 409 I.P.C. The accused was subsequently tried and the Trial court vide impugned judgment and order dated 18-3-1986 acquitted him.
4- Feeling aggrieved by the judgment and order of the acquittal, the State has preferred this appeal.
5- Having perused the judgment passed by the court below, I do not find any sufficient ground to interfere in the findings of acquittal recorded by the trial Court. I am of the view that the impugned judgment is passed on cogent and valid grounds. The prosecution evidence has been rightly disbelieved by the trial Court. I also do not find any perversity or un reasonableness in the finding recorded by the Trial Court.
6- The appeal lacks merit and is liable to be dismissed.
(B.C. Kandpal, J.)
Dated: 03-07-2006
ISB
3 issues framed by the court
Whether the High Court should interfere with the acquittal of the accused under Section 409 I.P.C.
Whether the prosecution evidence relied upon was cogent enough to convict the accused.
Whether the trial court's finding of acquittal was perverse or unreasonable.
2 provisions across 1 enactments
State of U.P.
Rajendra Dutt
B.C. Kandpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
