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Judgment
Overlooking defects pointed out by the Registry, I have
heard the learned counsel for the applicant, even though no
application for leave to appeal has been filed.
In Para 33 of the impugned judgment, the trial Judge
returned finding that the prosecution failed to examine doctor who
had conducted medico-legal examination of the injured. Thus, the
trial court came to conclusion that the injury report of the injured
witness has not been proved. Thus, there is no evidence on record
that injuries were suffered by the complainant. The trial Judge
further came to conclusion that independent witnesses examined
by the prosecution regarding use of derogatory words pertaining
to caste of the complainant have turned hostile to the prosecution.
The reasoning given by the trial Judge cannot be
termed perverse. The view formulated by the trial Judge after
appreciation of evidence is possible on the facts and
circumstances of the case. Hence, no interference is warranted
and the present appeal after being treated as application for leave
to appeal being devoid of merit is dismissed.