SUPREME COURT OF INDIA

Before:- A.S. Anand, C.JI, D.P. Wadhwa and Ruma Pal, JJ.

Criminal Appeal No. 806 of 1996. D/d. 04.05.2000.

State of Punjab - Petitioner

Versus

Jang Bahadur and Ors. - Respondents

Criminal Procedure Code, 1973 Section 378 Indian Penal Code, 1860 Sections 376(g) and 376 Appeal against Acquittal - Rape - Appreciation of evidence by trial court is proper and High Court under circumstances justified in declining leave to file appeal against acquittal - Appeal, therefore, fails and is dismissed - Respondents are on bail and bail bonds stand discharged.

[Para 2]

ORDER

The Respondents were tried for offences under Sections 376(g) and 376 read with 114, I.P.C. on the allegation that on 12th November, 1993, they had committed rape on the prosecutrix, P.W. 1. The trial court after recording evidence produced on behalf of the prosecution, vide judgment dated 7th September, 1994, acquitted the Respondents of both the charges. The High Court declined to grant leave. Opining that the order of acquittal recorded by the trial court was well founded, High Court dismissed an appeal against acquittal on 29th May, 1995. The State is in appeal by special leave against the said order of the High Court.

2. We have heard learned Counsel for the parties and examined the record. In our opinion, the view taken by the trial court cannot be said to be either unreasonable or erroneous, muchless perverse. The appreciation of evidence by the trial court is proper and the High Court under the circumstances was justified in declining leave to file appeal against acquittal. We are not persuaded to take a different view. The appeal, therefore, fails and is dismissed. The Respondents are on bail. Their bail bonds shall stand discharged.

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