- (1.) Heard learned counsel for the applicant and persed the impugned judgment.
(2.) By means of this application the complainant Sukhvinder Kaur is seeking live to file appeal against the judgment and order dated 22.7.2010 passed by Additional District & Sessions Judge, Court No.4, Muzaffarnagar by which he had allowed the Criminal Appeal No.23 of 2009 against the judgment and order dated 12.2.2009 passed by Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar in Complaint Case No.955/9 of 2008 by which he had convicted the opposite party nos.2 and 3 under Section 406 I.P.C. and sentenced them to undergo three years rigorous imprisonment and fine of Rs.25,000/- and after setting aside the judgment of the trial court acquitted the opposite party nos.2 and 3 of offence for which they had been convicted.
(3.) Learned counsel for the applicant contended that the lower appellate court while reversing the judgment and order of conviction passed by the trial court has failed to give any reason for disagreeing with the conclusions of the trial court and has in a mechanical manner held that the complainant had failed to prove the charge against the opposite party nos.2 and 3 beyond reasonable doubt and they were entitled to the benefit of doubt and in doing so the appellate court totally failed to appreciate the documentary evidence on record in the correct perspective. The submissions made by the learned counsel for the applicant prima facie appear to be correct. Accordingly, this application is allowed and leave to file appeal is granted. Application is allowed.;