State Of U.P. vs Yagya Narain Yadav And 4 Others
2023 Latest Caselaw 1820 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- GOVERNMENT APPEAL No. - 147 of 2022
 

 
Appellant :- State of U.P.
 
Respondent :- Yagya Narain Yadav And 4 Others
 
Counsel for Appellant :- G.A.
 
Counsel for Respondent :- Samarath Singh,Anil Kumar Rai,Dharmendra Pratap Singh,Durgesh Kumar Singh
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri J.B. Singh, learned AGA for the appellant and Sri Durgesh Kumar Singh, learned counsel for the respondents.

2. This appeal under Section 378(3) Cr.P.C. has been filed against the judgement and order dated 18.3.2020 passed by the Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.2, Varanasi in Special Trial No.23 of 2006 (State vs. Constable Ramdutt Yadav and others), arising out of Case Crime No.378, 379 and 380 of 2006, whereby the respondents have been acquitted for the offences under Sections 7 an 13(1)D read with 13(2) of Prevention of Corruption Act.

3. Three truck drivers, who allegedly paid Rs.100/- each to the accused-respondents for allowing their trucks to pass from the forest area, did not support the prosecution case during the course of trial and they were declared hostile. They were the only witnesses of fact to support the prosecution case. Once the witnesses of fact have not supported the prosecution case, the trial court has no option but to acquit the accused-respondents for the aforesaid offences.

4. Considering the aforesaid facts and having gone through the impugned judgment and order of acquittal, this Court finds no ground to interfere with the well reasoned judgement and order of acquittal passed by the learned trial court.

5. Thus, the appeal has no merit and substance, which is hereby dismissed.

Order Date :- 17.1.2023/Rao/-