HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL No. - 1930 of 1988 Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J. 1. The present appeal has been filed on behalf of the State of U.P. against the judgment and order dated 10.05.1988 passed by Sri S.S. Sharma, Special Judge, Agra in Sessions Trial No.131/1987. 2. The prosecution' case in brief is that the accused respondents have formed a gang and indulged in criminal activities for pecuniary gain and to create terror in the society. The Gang-chart was prepared on the basis of their alleged criminal history which include - (i) Crime No.127/86, under Section 148, 307 IP.C. (ii) Crime No.162/86, under Section 396 I.P.C. 3. On the basis of said criminal antecedents, a charge-sheet under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 has been submitted. Evidence Lead by Prosecution 4. In order to prove its case, the prosecution has examined as many as three witnesses i.e. P.W.-1 Head Constable Shri Ram Charan Pandey who proved the chik report regarding Crime Nos.70, 72 & 73 of 1987 as Ext. Ka-1 to Ext. Ka-4; P.W.-2 S.I., Shri Jitendra Prakash Sharma (the complainant) who lodged the first information report and he, in his deposition, has proved formal papers regarding first information report (Ext. Ka-10 to Ext. Ka-12) and P.W.-3 the Investigation Officer, Inspector, Ved Prakash who proved the charge-sheet and described the proceedings conducted during investigation. Versus Counsel for Appellant(s) : A.G.A. Counsel for Respondent(s) : , Gyan Prakash Tiwari, Kamlesh Tiwari, Sunil Kumar Upadhyay State of U.P. .....Appellant(s) Sheodan Singh And Others .....Respondent(s) Finding Recorded by trial court 5. The learned trial court after hearing the arguments advanced by both the parties and appreciating the evidence on record, returned the findings of acquittal on the following grounds- (i) The criminal cases forming the basis of gang-chart where only pending cases and had not resulted in conviction; (ii) On the prosecution witnesses where formal witnesses, they had no personal knowledge about the alleged criminal activities of the accused persons; (iii) The prosecution witnesses admitted in their cross-examinations that no member of the public had made any complaint regarding the accused person forming gang or creating terror; (iv) There was no evidence to establish that the accused persons acted as a gang or indulged in anti-social activities as defined under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. 6. Aggrieved by the judgment and order of acquittal, the State has preferred the present appeal. During the pendency of the appeal which has remained pending for about 38 years, respondent no.2, Ran Singh expired and the appeal against him stands abated. Point for determination 7. Whether the judgment of the learned trial court suffers from perversity or illegality warranting interference by this Court. Discussion and finding 8. Having heard learned A.G.A. and upon perusal of the record, this Court finds no merit in the appeal. It is well settled that an order of acquittal strengthens the presumption of innocence in favour of the accused and unless the findings of the trial court are perverse or based on misreading of evidence, interference is not warranted. 9. In the present case, the prosecution has failed to establish essential ingredients of the offence under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, mere pendency of criminal cases cannot GOVA No. 1930 of 1988 2 be treated as proof of involvement of the accused persons in an organized criminal activities. 10. Further, all the witnesses examined by the prosecution are formal in nature; none of them has reposed from his personal knowledge about the alleged formation of gang or its activities. No independent witnesses from the public has been examined to show that the accused persons created terror or acted as a gang. 11. The admission of prosecution's witnesses is that no complaint has been received from the public against the accused persons and that the accused persons have not been convicted in any of the cases relied upon, which further weakens the prosecution's case. 12. The trial court has appreciated the evidence in proper and logical manner and has recorded a well-reasoned acquittal. No perversity or illegality has been pointed out so as to warrant interference by this Court. 13. In view of the above, the Court finds that the prosecution has failed to prove its case beyond reasonable doubt and the acquittal recorded by the learned trial court does not call for any interference and as such the state appeal is liable to dismissed. 14. Accordingly, the present appeal is dismissed. The judgment and order of acquittal of the accused respondents is hereby affirmed. 15. Let a copy of this order along with trial court record, if received, be sent forthwith to the court concerned for the necessary compliance. April 22, 2026 Pravesh Mishra GOVA No. 1930 of 1988 3 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad