IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal (Leave to Govt. Appeal) No.40 of 2009 IN Government Appeal No. 28 of 2009 State of Uttarakhand ………. Appellant Versus Smt.Vidhyawati W/o Dayanand Sharma, R/o Gaindi Khata, P.S.-Shyampur, District-Haridwar. ……….Respondent ..……………….. Sri H.C. Pujari, learned A.G.A. present for the appellant/State. Date: July 27, 2009 Hon’ble Prafulla C. Pant, J. Hon’ble B.S.Verma, J. [Per : Hon’ble Prafulla C. Pant, J.] This is Leave to Appeal Application No. 40 of 2009 for leave to appeal against the judgment and order dated 21.02.2009 passed by 3rd Fast Track Court/Additional Sessions Judge, Haridwar in Sessions Trial No. 257/2006. 2. Heard learned A.G.A. and perused the impugned order. The trial court has observed in the impugned order that though the prosecution witnesses have supported prosecution case, but their statements in respect of same incident before the Juvenile Board, where co-accused were tried, are totally different to the prosecution story. As such, the trial court found the evidence of the prosecution witnesses as shaky. 2 3. Having considered the submissions of learned A.G.A. and after going through the impugned order dated 21.02.2009 passed by 3rd Fast Track Court/Additional Sessions Judge, Haridwar in Sessions Trial No. 257/2006, whereby the respondent is acquitted of charge of offences punishable under Sections 323/34, 324/34, 504 & 506 I.P.C., and one punishable under Section 3 (1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court does not find any sufficient reason to grant leave to appeal. 4. Leave to appeal is refused. The appeal stands dismissed summarily. (B.S. Verma, J.) (P.C. Pant, J.) 27.07.2009 P.Singh