Excelsior Correspondent
Srinagar, July 19: High Court has dismissed the plea of prosecution challenging the acquittal of accused and recorded that there is no illegality committed by the trial court while acquitting the accused persons.
Justice Vinod Chatterji Koul dismissed the petition of prosecution saying: “There is no illegality committed by the Appellate Court in appreciating the evidence and framing the conclusion on the basis of evidence produced before the trial court, therefore, has rightly acquitted the respondents.”
The trial court, while convicting the accused persons on the basis of evidence produced before it, has, while disbelieving the same set of evidence, acquitted the rest of the accused. The trial court, in its judgment, after taking into consideration the evidence as a whole and after proper appreciation of evidence, has come to the conclusion that the prosecution has failed to prove the case against the respondents.
“The conclusion that the prosecution has failed to prove its case against the respondents is inevitable and since there is no sufficient evidence against the respondents, therefore, charges framed against them cannot be said to have been proved” reads the judgment.
“There is no illegality in the order passed by the Appellate Court, as such, while upholding the order of acquittal passed by the Appellate Court, this appeal is dismissed”, Justice Koul concluded.
The appeal was filed by the State on the ground that the prosecution has established the guilt of the respondents-accused beyond any reasonable shadow of doubt and the Appellate Court has not properly appreciated the evidence brought on record, ignored the material witnesses and acquitted the respondents.
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