Acquittal Appeal No. 19 of 2011
With
Cr. Revision No. 448 of 2010
(Against the judgment of acquittal dated 11.3.2010 passed by the learned 1st
Additional Sessions Judge, Dumka in S.C. No. 82/2008).
State of Jharkhand-Vs.- Shambhu Kapri (Acq. App. No. 19/11)
Kalawati Devi-Vs.- State of Jharkhand and Anr. (Cr. Rev. 448/10)
---
For the Appellant: Mr. Ravi Prakash, APP.
For the petitioner: Mr. Indu Shekhar Gupta, Vikash Kumar, Adv.
PRESENT
THE HON'BLE MR. JUSTICE R.K. MERATHIA
THE HON'BLE MRS. JUSTICE P.P. BHATT.
Judgment
Dated 19th July 2011
By Court: Heard learned counsel for the petitioner in Cr. Rev. No. 448/2010.
We also heard Mr. Ravi Prakash, learned counsel in Acq. Appeal No. 19/2011
on the delay of 309 days in filing the present appeal and also on merits of this
case.
2. These cases arise out of the judgment of acquittal dated 11.3.2010
passed by the learned 1st Additional Sessions Judge, Dumka in S.C. No.
82/2008 by which, the respondent-Opp. Party No. 2 has been acquitted from
the charges levelled against him.
3. The informant, Kalabati Devi-P.W.-6 lodged a written report with the
police on 1.11.2007 at about 1:00 p.m. that when she was smearing the wall of
her house, Shambhu Kapri suddenly came and pushed her down and on lifting
her Sari on the waist started pumping her breast. On hearing Hulla, her daughter
Anup Kumari, P.W.-3 ,came and tried to save her in which, she sustained some
injuries on her hand.
4. The learned trial court after considering the respective cases of the
parties and the materials brought on record, acquitted the accused from the
charges by giving cogent reasons. P.Ws. 3, 4, 5 and 6 did not state before the I.O.
(P.W.-7) during the course of investigation what they stated before the court.
Thus the trial court has rightly disbelieved the evidence of P.Ws. 3, 4, 5 and 6.
5. After carefully going through the records, we find no good ground
for interfering with the impugned judgment. Even if, the long delay of 309 days
in filing the acquittal appeal is condoned, we do not find any merit in these
cases. Accordingly, these cases are dismissed on merits.
(R.K. Merathia, J)
(P.P. Bhatt, J)
Jharkhand High Court, Ranchi
Dated 19th July, 2011.
Anu/