As per Section 378(4) of Cr.P.C. if such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
IN THE HIGH COURT OF _______________ AT
_______________
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO _________ OF 20__
IN THE MATTER OF
Mr. ____________________
_______________________
_______________________ Appellant
VERSUS
State of ____________________
_______________________
_______________________ Respondent No. 1
Mr ____________________
_______________________
_______________________ Respondent No. 2
SYNOPSIS
By way of the present appeal under Section 378 of the Code of Criminal Procedure, the appellant is approaching this Hon'ble Court for setting aside the final judgment of acquittal dated _______ passed by the court of ______________ _________, in the Case No. _____ pertaining to FIR No. _____, PS. _____, U/s. ___ IPC whereby the Respondent No. 2 was acquitted from the offence punishable under Section ____ IPC.
(Mention brief summary of the case and error in the Judgment of the Trial Court)
________________ ________________ _______________ _________ ___
The dates and events of the present case are as under:
__/__/20__ FIR No ____ was Registered
__/__/20__ The Respondent No. 2 was arrested
__/__/20__ Charge sheet was filed under section ___ of IPC before the Ld _____ Judge.
__/__/20__ Charges were framed under section __ of IPC against the Respondent No.2 to which he pleaded not guilty and claimed trial.
__/__/20__ After examining _ prosecution witnesses in support of the charges PE was closed.
__/__/20__ Statement of accused under section 313 of CrPC was recorded.
__/__/20__ The Judgment of acquittal was passed by the Ld.____ Court in case No____ whereby the Respondent No. 2 was acquitted.
__/__/20__ Hence the Present appeal for setting aside the final Judgment of Acquittal dated _____ passed by the court of Ld. _______ Judge in Case No. ____.
IN THE HIGH COURT OF _______________ AT
_______________
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO _________ OF 20__
IN THE MATTER OF
Mr. ____________________
_______________________
_______________________ Appellant
VERSUS
State of ____________________
_______________________
_______________________ Respondent No. 1
Mr ____________________
_______________________
_______________________ Respondent No. 2
APPEAL OF THE APPELLANT (ORIGINAL COMPLAINANT) ABOVE NAMED U/S. 378 OF CR.P.C. FOR SETTING ASIDE THE JUDGMENT AND ORDER DATED ____ PASSED BY THE TRIAL COURT OF ______________________ IN CASE NO. __________ PERTAINING TO FIR NO. _____/20__, U/S. ____ IPC, DATED_____ REGISTERED AT PS. ______________.
TO,
THE HON'BLE CHIEF JUSTICE
AND HIS COMPANION JUSTICES OF THE
HON'BLE DELHI HIGH COURT
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY
SHEWETH:
1. The Appellants is of ____ years and is working
in a Private Company as ________ at ____________, and have been residing in
___________ for last several years.
2. That the appellant above named is preferring the present appeal against the final judgment of acquittal dated ___________ passed by the court of ___________ ___________, in the Sessions Case No. ___________ pertaining to FIR No. ___________, PS. ___________, U/s. ___________ IPC whereby the Respondent No.2 was acquitted from the offence punishable under Section ___________ IPC. The certified copy of judgment dated ___________ is annexed herewith as ANNEXURE-1.
3. That the brief facts emerging from the record of the prosecution and leading to the filing of the instant appeal are as under :-
(i) That FIR No. ___________ under Section __ IPC was registered at Police Station ___________, when an information was received at Police Station ___________ on ___________ that a man is lying in ___________ having injuries caused with knife. Police reached the spot and found a male dead body. The deceased could not be identified. The dead body was removed to the mortuary. Poster was got prepared. On the basis of that poster one ___________ identified the deceased as his son ___________. The Certified Copy of FIR No. ___________ under Section ____ IPC registered at PS ___________ along with its English Translation is annexed herewith as ANNEXURE-2.
(ii) During investigation one ___________ was interrogated who told that on the intervening night on ___________ he along with the deceased ___________ one factory where the labourers woke up. He and ___________started fleeing but ___________ was apprehended and was beaten by those persons. At the instance of ___________ Respondent No. 2 was arrested on ___________ by the police. And the Respondent No.2 allegedly got the ___________ recovered with which the deceased was beaten.
(iii) On ___________ all the Respondent No.2 was arrested at ______________________ ___________ in the morning by the police officials of PS. ___________.
(iv) On ___________ the charge sheet was filed under Section ___________IPC against the appellants before the Ld. MM, concerned at ___________ ___________and on ___________ the case was committed to the Court of Sessions after compliance of the provisions of Section 207/208 of Cr.P.C and the same was registered as Sessions Case No ___________ in the Court of ___________ ___________. The Certified copy of the charge sheet along with its English Translation is annexed herewith as ANNEXURE-3.
(v) On ___________ the Charges were framed under Section ___________ IPC against the Respondent No.2 by the Hon'ble Trial Court to which he pleaded not guilty and claimed trial and it was stated in the charge that no offence under Section ___________ IPC is made out against accused persons. The certified copy of Order on framing of Charge dated ___________ is annexed herewith as ANNEXURE-4.
(vi) That on ___________ after examining 15 prosecution witnesses, PE was closed. The certified copy of the all Prosecution Evidence is annexed herewith as ANNEXURE-5.
(vii) To bring home the guilty of the Respondent No.2, the prosecution examined as many as __ witnesses in support of the charges. Thereafter on ___________ entire incriminating material on record was put to the appellant, and his statement under Section - 313 of Cr.P.C. was recorded , in which they specifically denied the charge. The certified copy of Statement Under Section - 313 of Cr.P.C. is annexed herewith as ANNEXURE-6.
(viii) On ___________ the Judgment of Acquittal was passed by the Court of Sh. ___________, in the Case No. ___________ whereby the Respondent No. 2 was acquitted from the offence punishable U/s ___________ IPC .
4. That being aggrieved of the said acquittal in the impugned judgment and order, the appellant herein prefers the present appeal following amongst other grounds:
GROUNDS FOR
THIS APPEAL
A. That the impugned judgment passed by the Ld. Trial Court is bad in
law and facts of the case, hence it not sustainable in the eyes of the law.
B. That judgment passed by the Ld. Trial Court is based on conjectures and surmises and is not supported from the facts and circumstances of case.
C. _____________________ ______________________ ____________
D. _____________________ ______________________ ____________
E. _____________________ ______________________ ____________
5. That the Petitioner has filed application to grant special leave to appeal from the order of acquittal.
6. That the petitioner has filed no other similar petition in either the Hon'ble Supreme of India or this Hon'ble court for similar relief.
7. That the appellant craves leave to add , delete, modify or alter any of the aforesaid grounds of appeal.
PRAYERS
In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that the Hon'ble court may be pleased to:
1. Exercise its jurisdiction u/s. 378 of Cr.P.C, admit the appeal and issue rule in the above matter;
2. Call for the record of Trial Court in C.C. No ____ of ____;
3.Reverse the impugned Judgment dated _____ passed by the Ld. ______________ in C.C. No. _____ and convict the Respondents Nos.2 for an offence punishable u/s. __of IPC and sentence him according to law, after examining the legality, validity, propriety and correctness of the impugned order;
4. Pass order u/s. 390 of Cr.P.C. against the Respondents Nos.2;
5. pass any other or further order (s) as this court may deem fit and proper in favour of appellant, in the interest of justice.
APPELLANT
THROUGH
____________ADVOCATE
Place:
Date:
IN THE
HIGH COURT OF _______________ AT
_______________
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO _________ OF 20__
IN THE MATTER OF
Mr. ____________________ Appellant
VERSUS
State of ____________________ & Ors Respondents
AFFIDAVIT
I ______________________ ____ years, S/d/o. _________________ R/o. ____________ ______________ _____, do hereby solemnly affirm and declare as under:-
1. That I am the Appellant in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
2. That the accompanying Criminal Appeal U/s. 378 of Cr.P.C. against the acquittal of Respondent No.2 has been drafted by my counsel under my instructions
3. The contents of the Memorandum of Appeal and this affidavit have been read over and explained to me in vernacular and the same are true and correct. That the contents of the same may be treated as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.
4. That I have not moved any other similar petition before this Hon'ble Court or any other High Court or the Hon'ble Supreme Court of India.
5. I declare that what is contained in paragraphs _ to _ and Grounds from paragraphs A to __ of the Appeal are true and correct to my knowledge and nothing material pertaining to this case has been concealed from this Hon'ble Court.
DEPONENT
VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of
the above affidavit are true and correct to the best of my knowledge and
belief and nothing material has been concealed therefrom.
DEPONENT