The State Of Telangana vs Shaik Basha
2022 Latest Caselaw 3036 Tel

           HONOURABLE SRI JUSTICE K.SURENDER

             CRIMINAL APPEAL No.122 of 2020


JUDGMENT:

1. This Appeal is filed by the State questioning the acquittal

of the respondent passed by the V Additional Metropolitan

Sessions Judge, Ranga Reddy District (for short 'the Sessions

Judge') at L.B.Nagar, vide judgment in Criminal Revision

Petition No.99 of 2017, dated 18.10.2019.

2. The respondent was convicted for the offences

punishable under Sections 427 and 447 IPC and sentenced to

undergo rigorous imprisonment for a period of three months

under two counts by the learned I Special Magistrate,

Rajendranagar, Ranga Reddy District in C.C.No.265 of 2015.

3. On revision being filed, the learned Sessions Judge

acquitted the respondent of the said charges.

4. The case of the complainant is that P.W.1 is the owner of

plot No.161, situated in Indira Gandhi Co-operative Society,

Gaganpahad village and he noticed that the name of the

respondent/accused was painted on the board, which was erected in his plot. On the basis of the evidence of P.Ws.1 to

3, the learned I Special Magistrate, convicted the respondent

as stated above.

4. On revision being filed, the learned Sessions Judge found

that even according to the evidence of P.Ws.1 to 3, there are

no eye witnesses either to alleged trespass or writing the

phone number of the respondent herein. Only for the reason

of finding the respondent's phone number on the board

erected by P.W.1, it cannot be said that it was the respondent

only who had committed such mischief and trespass.

5. The finding of the learned Sessions Judge warrants no

interference and there are no grounds to reverse the order of

acquittal.

6. Accordingly, the appeal filed by the State fails and the

same is dismissed. As a sequel thereto, miscellaneous

applications, if any, shall stand closed.

________________

K.SURENDER, J Date: 23.6.2022 kvs HONOURABLE SRI JUSTICE K.SURENDER

Criminal Appeal No.122 of 2020

Date:22.06.2022

kvs