- (1.) Heard Sri Rajiv Gupta, learned AGA for the State- applicant and perused the judgment impugned in the instant Government Appeal.
(2.) By way of instant Government Appeal the appellant (State) is seeking leave to appeal against the judgment and order of acquittal dated 21.01.2017 passed by Additional Sessions Judge (FTC), Etah in Sessions Trial No.676 of 2010 (State Vs. Kanhai Singh and another) arising out of case crime no.441 of 2009, under Sections 376 and 109/114 IPC, Police Station- Mirhachi, District- Etah, whereby, the appellant- Kanhai has been acquitted of the charge under Section 376 IPC and appellant Kusuma Devi has been acquitted of the charge under Section 109/114 read with Section 376 IPC.
(3.) Sri Rajiv Gupta, learned AGA has submitted that the prosecution has succeeded in proving the charges against the accused beyond all reasonable doubts and hence the finding of acquittal recorded by the trial court is against the weight of evidence on record and vitiated by non-consideration of material evidence. He further submitted that in view of above, finding of acquittal recorded by the trial court vide impugned judgment and order, cannot be sustained and is liable to set aside.;