State of M.P. vs Narayan Prasad Soni

Heard on the question of admission and perused the record. Against the judgment of acquittal dated 11.8.2011 passed by the II Additional Sessions Judge (FTC) Ganj Basoda in Sessions Trial No. 77/2009 (State of M.P. Vs. Narayan Prasad Soni) acquitting the respondent herein/accused from the charge under Sections 420, 467, 468, 471 and 379 of IPC, the petitioner herein/State has preferred this application u/s 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to file appeal.

The legality and propriety of the impugned judgment has been challenged on the ground of misappreciation of the evidence on record.

The learned Trial Court after appreciating and marshalling the evidence in detail ultimately in the impugned judgment found that the offence charged against the respondent has not been found proved on account of non-availability of the cogent evidence on record.

We have carefully gone through the reasons assigned by the learned Trial Court and found that the learned Trial Court has rightly arrived at a conclusion that the charge levelled against the respondent is not proved and, eventually, acquitted him.

We do not want to deviate from the view taken by the learned Trial Court because the learned Public Prosecutor for the petitioner/State has not been able to point out any perversity and illegality in the impugned judgment.

Looking to the reasoned judgment passed by the learned Trial Court, acquitting the respondent, even if another view is possible on the same set of evidence, no ground is made out warranting admission of this application for grant of leave to appeal (Referred to Hallu and Others Vs. State of Madhya Pradesh, . Therefore, this M.Cr.C. for leave to file appeal is dismissed.