1 S.B.CRIMINAL LEAVE TO APPEAL NO. 77/2009 State of Rajasthan Vs. Hamid Khan & Anr. Date of Order :: 31.03.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Ms Chandralekha, Public Prosecutor. ... This appeal is preferred as per the provisions of Section 378(iii) and (i) Cr.P.C. against the judgment dated 31.1.2008 passed by the learned Addl. Sessions Judge (Fast Track), Chittorgarh in Sessions Case No.59/2006 acquitting the accused respondents for the charges punishable under Section 3/8 and 5/8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and also acquitting from the charge punishable under Section 11 of the Cruelty on Animals Act, 1960. Learned Addl. Sessions Judge while acquitting the accused-respondents considered the entire evidence available on record and reached at the conclusion that the prosecution failed to establish the charges against the accused- respondents beyond any shadow of doubt. Learned Addl. Sessions Judge considered the evidence given by three police personnels who raid the truck bearing No.HR-38 2959 carrying 53 cattle. As per prosecution story while making raid on the truck aforesaid the truck-driver and the cleaner ran away from the spot and after verifying details from the 2 truck owner it came into knowledge that the accused persons were having possession over the truck in question. It is the position admitted that the prosecution witnesses were not knowing the accused persons and they also not saw the accused persons while making raid of the truck. The raid was made during night hours. The sole evidence on which the prosecution story rests is information given by the truck owner regarding possession of the truck with the accused respondents. The truck owner was not produced in evidence. In such circumstances, I am of the opinion that the trial court rightly extended benefits of dbout to the accused respondents. Accordingly, the application seeking leave to appeal is dismissed. (GOVIND MATHUR), J. Jgoyal '