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8. Aggrieved by the impugned judgement only to the extent of acquittal, the State has filed the present leave to appeal. SUBMISSIONS ON BEHALF OF THE PETITIONER Digitally Signed Signing Date:06.02.2025 18:35:37

9. Mr. Singh, learned APP appearing on behalf of the State submits as under:-

A. The impugned judgment is perverse and manifestly erroneous of misreading evidence and demonstrably unsustainable in the eyes of law as the learned Trial Court wrongly and erroneously acquitted the respondents under Section 506/34 of IPC and respondent Nos. 3, 4 and 10 under Sections 384/34 of IPC. B. The impugned judgment is based on presumptions and assumptions, conjectures and surmises, devoid of merits and as such cannot stand prima facie scrutiny of law and thus, all the respondents should be punished under Section 506/34 of IPC and respondent Nos. 3, 4 and 10 should be punished under Sections 384/34 of IPC.

ANALYSIS AND FINDINGS

11. I have heard learned counsel for the parties and perused the material available on record.

12. The question which arises for consideration is whether the learned Trial Court has rightly acquitted all the respondents under section 506 of IPC and respondents Nos. 3, 4 and 10 under section 384 of IPC.

Charge under Section 384 IPC - NOT Proved:-

14. Insofar as, the offence punishable under Section 384 of IPC is concerned, the only allegations are that when Kanhaiya Lal Baswal asked for the payment, the respondents threatened by saying that as to how he dared to ask for the payment for the packet of fish.

15. As per the provisions of Section 383 of IPC, which defines „Extortion‟ as under:

18. Therefore, the learned Sessions Court in the impugned judgement has correctly concluded that:

"(49) The allegations leveled by the various prosecution witnesses that the accused persons threatened Kanhaiya Lal Baswal as to how they dared to ask for the payment for the packet of fish, which in do not fall within the definition of Section 383 Indian Penal Code punishable under Section 384 IPC and hence, I hold that the prosecution has not been able to prove the charge under Section 384 IPC against the accused."