State Of Rajasthan vs X
2021 Latest Caselaw 9921 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 70/2021

State Of Rajasthan, Through P.P.

----Appellant Versus X, (Dau Ram Salvi S/o Bija Salvi, By Caste Balai, Age 77 Years, R/o Kartha, P.s. Karera, District Bhilwara).

----Respondent

For Appellant(s) : Mr. Mukhtiyar Khan, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

30/06/2021

Defect pointed out by the office is removed.

Appellant-State has filed this Leave to Appeal under Section

378 (iii) and (i) of the Code of Criminal Procedure, 1973 (for

short, 'Cr.P.C.'), against the impugned judgment dated 22.07.2020

passed by the leaned Special Judge, Protection of Children from

Sexual Offences Act Cases Act No.1, Bhilwara (for short, 'learned

trial Court'), in Sessions Case No. 262/2018 (53/18), whereby the

learned trial Court has acquitted respondent-accused for offences

under Sections 354, 376/511 and section 9/10 of the Protection of

Children from Sexual Offences Act, 2012.

Heard learned Public Prosecutor, present in person.

The witnesses, prosecutrix 'D', mother 'J' (P.W.4) and father

'G' (P.W.2) of prosecutrix, and accused-respondent are relatives.

The accused-respondent is 80 years old man and there is a

(2 of 2) [CRLLA-70/2021]

dispute between accused-respondent 'X' and father of prosecutrix

with regard to property.

Having heard learned Public Prosecutor and perused the

impugned judgment, in my opinion, on the basis evidence and

other material available on record, learned trial Court has not

committed any error in rendering the impugned judgment, and it

is not a fit case wherein leave is to be granted.

In this view of the matter, it is not a fit case wherein

discretion is to be exercised for granting leave. Consequently,

leave prayed for is declined and the appeal is accordingly

dismissed.

(DEVENDRA KACHHAWAHA),J 2-Bharti/-

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