IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL SPECIAL LEAVE TO APPEAL NO.74 OF 2006 State of Uttarakhand …...Appellant Versus Om Pal & another …….Respondents Dated: 22nd May, 2008 Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer,J. Heard Sri Harish Pujari, learned Addl. GA for the State/appellant and Sri Mahavir Singh Tyagi, learned counsel for the respondents, on leave to appeal and perused the judgment and order dated 30.09.2006 passed by learned Additional Sessions Judge/II F.T.C., Haridwar in Sessions Trial No.265/2000, whereby respondents-Om Pal and Smt. Jagwati are acquitted of the charge of offence punishable under Section 436 I.P.C. The perusal of the record shows that there are sufficient reasons on the record which show that the charge as against the respondents are not proved. The trial court has given detailed reasons appreciating the evidence in accordance with law, for coming to the conclusion that the prosecution has failed to prove the charge. Having considered the submissions of learned counsel for the parties and after perusing the lower court’s record, which has also been received by this Court, we are not inclined to grant leave. Leave to appeal is refused. The appeal stands dismissed in limine. (Dharam Veer, J.) (Prafulla C.Pant, J.) 22.05.2008 Arti