Research › Browse › Judgment

Rajasthan High Court · body

1997 DIGILAW 1393 (RAJ)

Dharam Veer v. State of Rajasthan

1997-11-22

ARUN MADAN

body1997
Honble MADAN, J. – This petition is being heard and being disposed of finally at the admission stage itself as, the learned Public Prosecutor accepts notice on behalf of the State of Rajasthan. (2). Heard learned counsel for the petitioner as well as the learned PublicProsecutor for the State and also perused the impugned order dated 15.10.97 passed by the Additional Sessions Judge, Khetri District Jhunjhunu in Session Case No. 18/96 tilted as State vs. Dharamveer & Ors. (3). Keeping in view the facts and circumstances of the case and in the interest of justice, I deem it appropriate to direct that one more opportunity be given to the petitioner to lead his all relevant evidence including the evidence of his parents as well as the corroborative evidence of Village Panch/Sarpanch and the School Tea- chers where he last worked. It is, therefore, directed that the petitioner shall pro- duce the relevant evidence and the witnesses in this regard within a period of 2 weeks from today before the learned Additional Sessions Judge, Khetri. In case,the petitioner tenders the relevant evidence and witnesses as aforesaid and as direc- ted by this order before the concerned trial Court within the stipulated period as aforesaid then, the trial Court is directed to pass a fresh order after giving a sufficient opportunity of being heard to the petitioner in accordance with law. The trial Court is further directed that it shall not frame charge against the accused petitioner on the assumption that he is 19 years of age which assumption will stand rebutted in case, the petitioner is able to produce the satisfactory and reliable evidence with regard to his age as so directed by this order within the stipulated period. (4). with the above observations, the revision petition is consequently allowed and disposed of. The impugned-order dated 15.10.97 is quashed and set-aside.