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2022 DIGILAW 2890 (RAJ)

State Of Rajasthan v. Sunil @ Dharma Ram

2022-12-06

FARJAND ALI

body2022
JUDGMENT Farjand Ali, J. - The instant leave to appeal filed under Section 378 (1) & (3) Cr.P.C. has been preferred by the State of Rajasthan against the judgment of acquittal dated 23.12.2014 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bikaner in Sessions Case No.12/2013, whereby accused-respondent has been acquitted from the charges under Sections 366, 376, 342 and 323 of the IPC. 2. Briefly stated, the facts of the case necessary for disposal are that at the behest of Ram Chandra (P.W.7), a written report was submitted at the Police Station Nokha, District Bikaner on 19.02.2010 at 5.10 p.m. alleging inter alia that his sister Ramshenhi (P.W. 1) was missing since 15.02.2021. 3. On the basis of this report, an FIR No.71/2010 was registered for the offences under Sections 366 & 342 IPC. Thereafter, the accused-respondent was arrested. After concluding the investigation, a charge-sheet came to be submitted against the accused respondent for the offences punishable under Sections 366, 342 & 376 of the IPC. As the offence was triable by the Court of Sessions, the case was committed for trial to the Court of the Additional Sessions Judge (Women Atrocities Cases), Bikaner where charges were framed against the accused respondent in the above terms. He pleaded not guilty and claimed trial. The prosecution examined as many as 13 witnesses and 17 documents were tendered into evidence so as to prove its case. The accused was questioned under Section 313 CrPC and was confronted with the circumstances appearing against him in the prosecution evidence. He controverted the same but did not choose to lead any oral evidence, however, five documents were exhibited by the accused in his defence. 4. After hearing the arguments advanced by the prosecution and the defence counsel and appreciating the evidence available on record, the learned trial court observed that the prosecution has failed to prove the charges against the accused-respondent and thus, the learned trial court proceeded to acquit him from the charges as mentioned above. Hence, the instant leave to appeal. 5. Heard learned Govt. Advocate as well as learned counsel for the accused-respondent. Perused the material available on record. 6. Hence, the instant leave to appeal. 5. Heard learned Govt. Advocate as well as learned counsel for the accused-respondent. Perused the material available on record. 6. After careful scanning of the statements of the prosecution witnesses, more particularly the statements of prosecutrix Mst.’R’ P.W. 1 and Bhanwar Lal P.W.8, this Court is of the considered view that the learned trial Court has not committed any error, illegality or perversity in acquitting the accused. The evidence of prosecution witnesses has been aptly appreciated by the learned trial Judge and the conclusion/finding of acquittal has been reached after assigning good and valid reasons. 7. In this view of the matter, this Court finds no reasons to interfere in the judgment of acquittal dated 23.12.2014 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bikaner in Sessions Case No.12/2013. Hence, the leave to appeal having no force is hereby dismissed.