iii T'HF: iiiGi-i i3§i§RT ? Jii§i§1iTIiEE AT §ILA$?UE I {{1" €5Eé??i$§&rm me mi. gggm‘ w 200% $§Wgh Wrwgi CRiMiIi‘TIL A??EAL NG 6F 2%5 CRMP $cg4u") 61¢ r 5 (\f' FELLAET State of Chhaitisgarh. Thrcughr the District ‘il magsaa a... 3‘ te, If magiy‘a Ir‘f‘ Wu) v-ERStfs ‘P’unauramw Sjo Chait Ram aed about LH ears, g y .mi vinage - RT wEgig‘Llua, D I ‘7 11 RS. — agarnaar N: Distt. Basia? {CG I “ . . . -.. ’ ' ‘ @ .J F“ } r K AF?LIC§TI€}E F§§ Gm? (3F LEAVE T6 WFEAL UKEEER E3ECTE$E€ 375 wvéi‘: €3r" AEEEaE vé‘EyHi\ EgEE££$g 3?g i‘ Qi‘ E&§& VVH£ VF CmEiiNAL FEGCEiiiiEE, 1§739 ' Am - -.- "gut“ .- $‘ xzva ”w HIGH COURT OF CHHATTISGARH A? 3ILASPUR SB : iiOWBLE MR. JUSTICE PRET!NE(ER DIWAKER CKMfwNG. 585! 20%?!8 AP?LICANT State of C§1hattisgarh V€TSHS \ NQN-QPLICANT Punau RPm x Shri Praveen Das, Dy.G.A. for the Sta‘ta/ applicmn. APPLICATEON FOR GRANT OF LEAVE TO A?PEAL 131$ 378$} AND MEMO OF APPEAL il/S 37841} OF THE CR.P.C. GREEK (18.92.2019; Hem‘d on admission. ’I‘hB present petition which is barred by 429 days is directed against the impugnaec1 judgment dated 14.09.2f)04 passed by the Chief Judicial Magistratiig Jagdalpur, in Cr.Case No. 58 1] 1999 whereby the accusedlrespondent has. been acquitted for the offence under Section 3 {A} 0f the Railway Property (Unlawful Possession) Act. 2. As per the case of the prosecution on 8.7.98 on the basis of some secret information, house of the accused/respondent was searcheé end certain property belonging to the railways was found in his poseession. On the basis of this, FIR was registered against the respondent on 13.7.98 anri he was prosecuted for the offence as mentioned above. 3. So as to hold the accusedlrespondent guilty, The prosecun‘on has examined eight witnesses. Statement of the accused was also recorded under Section 313 of the Cr.P.C. in which he denied the charges leveled against him and +, pieaded innocence and false implication in the case. 4. After hearing counsel for the parties, the Court below has acquitted the accused/respondent. Hence this petinon. 5. Contention of Shri Das, counsel for the applicant/ State is That despite the fact that there is enough J / evidence available on record the Court below has erred in / @ . law in acquirfing the accussd] resyondcnt. He submits that while acquitting the accused] respondent a perverse fmding has been given by the Court. 6. I have heard Shri Das and perused the record. From the record it is clear that two seizure wimesses nameiy Munna (P.W.—7) and Lmgnirrath (P.W.—8) have not supported the prosecution case anci have turned hostile. Further, it is apparent that the alleged seizure was made on 8.7.98 Whereas the report has been lodged 011 13.7.98 without there being given any specifw explanation for the delay in lodging the FER. It is also clear from the record that the seized property was sent for examination to the expert on 7.12.98 (EXP/9} and 3.1.99 {EX.P!’8) and even this‘delay has not been properly explained by the prosecution. P.W.-5 LP. Bhagat, the Asstt. Engineer has admitted in his emss examination that one of the seized article namely ‘Nagaiphal"(gadget used for counecting wagons) is available in the market and is used by the fanners as agricultural equipment. 7. Thus, after hearing counsel for the parties and considering the gnaterial available on record as well as the elaborate judgment impugned passed by the Court below, and being very much conscious of the existing legal position that in an appeal against acquittal if two views are possible on the basis of the evidence led by the prosecution and the trial Court taking one View favOured the accused, reversion of the findings of acquittal by the appellate Court taking the other possible View into consideration is not permissible in law, this Court is of the View that the judgment impugned acquitting the mspondent/ accused of the offence as alleged is just and proper. Accordingly, the leave as sought for by the applicant for registration of appeal against the judgment of acquittal is hereby refused on the ground of limitation as well as on merits. ‘ ‘ Sd/- ::\\._‘1’ritink‘er Diwaker Judge {if ‘ / ix“;