NARAYAN SINGH KASHYAP Vs. STATE OF NCT OF DELHI
HIGH COURT OF DELHI
JAI NARAYAN SINGH KASHYAP
STATE OF NCT OF DELHI
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S.RAVINDRA BHAT, J. -
(1.) This is a revision directed against the judgment and order of the Additional Sessions Judge dated 8th August, 2005 whereby the respondent Nos. 2 and 3 were acquitted of the charges of having committed offences under Sections 431 and 380 IPC.
(2.) The complainant, who is the petitioner in these proceedings alleged that he had secured possession of the premises on 01.04.95 and, thereafter left the town for a little while. He alleged that when he returned, the lock of the premises had been broken open and possession had been forcibly taken by the respondent/accused. It was also alleged that the accused had committed offences under Sections 380 inasmuch as they had taken away some movables from the premises. During the course of the proceedings, an application was filed by the petitioner that the premises should be restored to him.
(3.) The trial Court, after considering the materials on record disbelieved the prosecution version, and discarded the testimony of PW-4, who sought to corroborate the complaint. The trial Court disbelieved that the only piece of evidence relied upon by the complainant, namely, a document, said to be a rent receipt.;
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