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2005 DIGILAW 223 (CHH)

RUKHAMANI BAI v. STATE OF C. G.

2005-06-27

DHIRENDRA MISHRA

body2005
ORDER 1. The applicant has preferred this criminal revision as he is aggrieved by the impugned order dated 01-03-2005 passed by Judicial Magistrate First Class, Rajnandgaon in criminal case No. 504/02 and by this judgment the non-applicants No.2 to 7 have been acquitted from the charges under Section 147,323 read with Section 34 and 354 of the IPC. 2. Learned counsel for the applicant submits that the impugned Judgment of acquittal has been passed simply on the ground that all the witnesses examined by the prosecution are close relatives and there is no independent eyewitness. Learned counsel submits that the version of the witnesses cannot be disbelieved simply on the ground that they are relatives and as such are interested witnesses. It is further submitted that though the applicant's version that her modesty was outraged by the accused persons was duly supported by the statements of other witnesses, even then they have been disbelieved for no cogent reasons. 3. I have heard learned counsel for the parties and I have also perused the impugned of acquittal. 4. The Court below has acquitted the accused persons on the following grounds: 1. that no independent witness has been examined and that all the witnesses are close relatives and as such are interested witnesses. 2. that there is material omission in their statements, which have been elaborately discussed by the Court below in the impugned judgment. 3. that the doctor, who examined the complainant, has categorically stated that there were no injuries on the person of the complainant and the statement of the complainant is not duly corroborated by the doctor. 4. that there was some dispute between the parties with respect to irrigation in the fields. 5. It is the settled law as has been held by the Hon'ble Apex Court in various judgment - D. Stephens Vs. Nosibolla Chinnaswamy Vs. State of Andhra Pradesh, Mahendra Pratap Vs. Sarju Singh) and in the matter of Akalu Ahir Vs. Ramdeo Ram, that findings of acquittal in the revision can be set aside only in the exceptional cases, though it is not possible to lay down criteria for determining such exceptional cases, the following may be the conditions for holding the cases of exceptional nature where the revisional jurisdiction could be exercised for setting aside the judgment of acquittal: 1. Ramdeo Ram, that findings of acquittal in the revision can be set aside only in the exceptional cases, though it is not possible to lay down criteria for determining such exceptional cases, the following may be the conditions for holding the cases of exceptional nature where the revisional jurisdiction could be exercised for setting aside the judgment of acquittal: 1. where the trial Court has no jurisdiction to try the case but has still acquitted the accused, or 2. where the trial Court has wrongly shut out evidence which the prosecution wished to produce, or . 3. where the appeal Court has wrongly held evidence which was admitted by the trial Court to be inadmissible, or 4. where material evidence has been overlooked either by the trial Court or by the appeal Court, or 5. where the acquittal is based on a compounding of the offence, which is invalid under the law. From perusal of the impugned judgment it is apparent that the Court below after appreciating the evidence available on record and discussing the statement of the witnesses in detail, has acquitted the accused persons. Thus, while exercising revisional jurisdiction it is not open to the High Court to re-appreciate the evidence available on record and on the basis of such re-appreciation substitute the findings of the trial Court by the findings of this Court. Taking into consideration the settled law, the applicant has no ground to challenge the impugned order of acquittal, the revision petition deserves to be dismissed at the motion stage itself as being devoid of merits and it is dismissed accordingly. Revision Rejected.