JUDGMENT 1. - Heard. 2. Learned Counsel for the petitioner submits that matter relates to yea 2001 as incident took place in the year 2001 and judgment of acquittal was passed on 12.11.2010 thereafter, appeal was decided by the learned Addition) Sessions Judge No. 2, Bikaner on 18.11.2014 while allowing the appeal, learne Appellate Court set aside the judgment of acquittal passed by the learned Chief Judicial Magistrate, Bikaner and directed the learned Trial Court to call for tin F.S.L. Report and decide the matter afresh within six months. He further submit that during trial learned Trial Court granted about 16 opportunities to prosecution for procuring F.S.L. Report still prosecution failed to procure tin F.S.L. Report, thereafter, the matter was decided on merits. After lapse of 13 years remitting the matter back for want of F.S.L. Report is not proper, therefore; this Revision Petition may be allowed and Appellate Court may be directed ti decide the appeal on merits instead of remanding it. 3. Leanred Public Prosecutor supported the impugned judgment and submits that Trial Court may call for the F.S.L report and can decide the matter afresh. 4. I have considered the submissions made by learned Counsel for tin parties. 5. After lapse of 13 years F.S.L. report which was not produced even in 11 years, recalling the same is of no consequence. 6. So far as evidence is concerned, learned Appellate Court while exercising its powers vested under Section 386 of Cr.P.C. can re-appreciate the evidence and decide the appeal on its own. Therefore, without going into the merits of tin case, the judgment passed by learned Appellate Court is quashed and set aside and the matter is remanded back to learned Appellate Court with direction that she decide the appeal on merits after appreciating the material available on record. 7. Accordingly, this Revision Petition is allowed and the impugned Judgment dated 18.11.2014 passed by the learned Additional Sessions Judge No. 2, Bikana in Criminal Appeal No. 22/2014 Shiyasta v. State & Ors. , is quashed and set aside and learned Appellate Court is directed to rehear the appeal after issuing notice to complainant and decide it afresh on the basis of material available on record. Petitioners are directed to appeal before the Appellate Court on 9.2.2015.Petition allowed. *******