ax H/C/ . ' Ramsewak, S/o. Pyarelal Satnami, aged about 38 years, Occupation- Agriculturist, R/o. Bahera, Thana— Berla, Distt.—Durg (C.G.). VERSUS g ” 1Q \SW RESPONDENT 1 Dushashan Sagar S/o Kapur Chand Batch No 22 Constable, Aged about 40 years, Thana—Berla, Distt.—Durg (C.G.). 2. State of Chhattisgarh Through P.S.-Ber1a Distt.-Durg (C.G.). W IH COURT OF CHHATTISGARH x AT BILASPUR (Hon Mr Justice Prltlnker Dlwaker) Acqulttal Appeal No 21 of 2009 ‘ » APPELLANT Complainant Ramsewak VERSUS RESPONDENTS Dushashan Sagai" Kumar and another Shn Raw Bhagat counsel for the appellant Shrl Sudhlr Verma counsel for the respondent No 1 Shn Vlvek Sharma PL for respondent No 2/State RIMINAL APPEAL UNDER SECTION 378 (4) OF THE CODE O CRIMINAL PROCEDURE JUDGMENT (1 5.02.201 1) p Thus appeal has been filed against the Judgment and order dated 2642003 passed by the JudICIal Magistrate First Class, Bemetara District Durg in Criminal Case No 153/2002 acqwtting the respondent No 1/accused of the offence under Section 323 IPC 2. Facts of the case in brief are that on 1 7.9.1998 a written report EX. P—1 was lodged by the appellant/complainant to the effect that on that day accused/respondent No.1 who was working as police constable had demanded Rs. 2000 from him for showing favour in a criminal case and when he refused to part with the money, he had. slapped and abused him. When no action was taken by the police, a complaint case was filed by the appellant/complainant. 3. In support of his case the appellant/complainant has examined himself as (CW—1) one Shyam Sundar (CW 2) and Anand ‘ r ' [g (CW 3) Statement of the respondent No 1/accused was also I ' recorded under Section 313 of the Code of Criminal Procedure in which he pleaded his innocence and false implication in the case After taking Into conSIderation the material available on record the Court below came to dismiss th complaint of the complainant/appellant. Hence this appeal. «i x HG C e 1, p. Counsel for the appeilant/complainant submits that in spite of clea’r—cut evidence led by the complainant, the Court below has erred n law in acquitting the respondent No.1/accused. He submits that Shyam Sundar (CW-2) and Anand (CW-3) have also supported th case of the appellant. 4. 5. On the other hand counsel for the respondent No.1/accused submits that there are material contradictions and omissions in the statement of the appellant/complainant and the other two witnesses namely Shyam Sundar (CW—2) and Anand (CW-3). He submits tha the story put forth by the appellant/complainant in the complaint and the statement recorded in the Court involve variations on material particulars and that being so the Court below was justified in acquitting the respondent Not/accused of the charge levelled against him. ' hus in totality of the facts and circumstances of the case and looking to contradictions and omissions in the statement of th 5. e complainant and the witnesses examined by him, this Court is of the considered opinion‘that the respondent Not/accused is entitled for benefit of doubt and that being so the view taken by the Court below Vacquitting him of the charge under Section 323 of IPC is just and ‘ proper. Furthermore, being very much conscious of the existing legal position that in an appeal against acquittal if two vieWs are possible taking one view favoured the accused, taking the other plausible view into consideration, is not permissible in law and therefore this ' Court is of the considered opinion that the judgment impugned acquitting the respondent /accused of the offence under Section 323 IPC,'is just and proper and does not warrant any interference by this Court. Accordingly, the appeal being without substance is liable to be dismissed. lt is accordingly dismissed. / fsrr/Mikvjw‘: g r’f' Sdl‘ on the basis of evidence led by the prosecution and the trial Court 4 x Prtttnker D‘Waker Judge f i e t T @ ,.