Rajasthan High Court - Jodhpur
Chandan Kumar vs State Of Rajasthan on 6 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1460/2019
Chandan Kumar S/o Sh. Ramesh Kumar, Aged About 45 Years,
By Caste Arora, Resident Of Ward No. 19, Anoopgarh, Tehsil
Anoopgarh, District Sri Ganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Genada Singh S/o Sh. Jeet Singh, By Caste Jat Sikh, R/o
Chakk 7 L.m.s., Tehsil Anoopgarh, District Sri Ganganagar
(Raj.)
----Respondents
For Petitioner(s) : Mr. H.R. Chawla.
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
06/07/2021
The instant revision has been preferred by the petitioner
complainant Chandan Kumar for assailing the Judgment dated
19.09.2019 passed by the learned Additional Sessions Judge,
Anoopgarh, District Sri Ganganagar in appeal under Section 372
Cr.P.C. whereby, while rejecting the victim's appeal preferred by
the appellant, the acquittal of the respondent Genada Singh from
the charge for the offence under Section 420 IPC as recorded by
the Additional Chief Judicial Magistrate, Anoopgarh, District Sri
Ganganagar vide judgment dated 24.01.2017 passed in Criminal
Case No.446/2012, has been affirmed.
I have heard and considered the submissions advanced by
learned counsel Shri Chawla representing the petitioner and the
learned Public Prosecutor and have gone through the impugned
judgments and the original record.
(2 of 2) [CRLR-1460/2019]
Suffice it to say that two courts of competent jurisdiction
have, after thorough appreciation and re-appreciation of evidence
available on record, recorded concurrent findings of facts to the
effect that from the evidence led by the prosecution, the
necessary ingredients of the charge under Section 420 IPC were
not made out against the respondent herein and therefore, he was
acquitted and the acquittal was affirmed as above.
The legal position is clear by virtue of Section 401(3) Cr.P.C.
that the High Court, while exercising the revisional powers, cannot
convert a finding of acquittal into one of conviction. Thus, the only
relief which can be extended in a revision against acquittal would
be to direct a de-novo trial. It is trite that a direction for de-novo
trial is only permissible if there has been a failure of justice in
decision of the case by the trial court.
After appreciating the submissions advanced by the
petitioner's counsel in light of the evidence available on record, I
am of the firm opinion that no ground is made out to hold that the
acquittal of the respondent by the impugned Judgment dated
24.01.2017 has resulted into failure of justice. As a matter of fact,
the view taken by the trial court while acquitting the respondent
and the appellate court while affirming the acquittal, was the only
possible and logical view required to be taken in the case.
Thus, the instant revision has no merit and is dismissed as
such.
(SANDEEP MEHTA),J
101-Tikam/-
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