State vs Rajjan Kumar
2021 Latest Caselaw 8684 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

..

S.B. Criminal Misc. Application No. 375/2019

State of Rajasthan through P.P.

----Petitioner Versus

Rajjan Kumar S/o Ranjeet Prasad Gupta, By Caste Teili, R/o

Gandhi Chowk, Post District Munger (Bihar) Presently Trackmen

Dhaba, Railway Station, Police Station Sangariya, District

Hanumangarh.

----Respondent

For Petitioner(s) : Mr. Mahipal Bishnoi, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

31/03/2021

Heard learned Public Prosecutor on the criminal

miscellaneous application seeking restoration of the criminal leave

to appeal which was dismissed in compliance of the Court's

peremptory order dated 31.07.2019.

For the reasons and the grounds mentioned in the

application, the same is allowed. Consequently, the order dated

31.07.2019 passed by the coordinate Bench of this Court is

recalled and the criminal leave to appeal is ordered to be restored

at its original number.

(2 of 3) [CRLMA-375/2019]

The Criminal Leave to Appeal is reportedly barred by 178

days.

For the reasons mentioned in the application seeking

condonation of delay, the delay in filing the present leave to

appeal is condoned.

Learned Public Prosecutor stated that the learned Trial Court

has wrongly acquitted the respondent-accused by extending him

the benefit of doubt. Learned Public Prosecutor also stated that

the learned Trial Court has discarded the evidence of the

prosecution whereas the prosecution has categorically proved on

record by exhibiting documents and evidence that the respondent

has enticed the minor prosecutrix (aged 4-5 years) and, therefore,

there was no occasion for the learned Trial Court to discard and

disbelieve the oral statements and documentary evidence proving

the fact that the respondent has enticed the minor prosecutrix and

comitted sexual assault.

Heard learned Public Prosecutor and perused the judgment

impugned dated 20.03.2018 passed by the Trial Court and other

material available on record.

Looking to the facts and circumstances of the case,

particularly the statement of the prosecutrix and the Doctor, this

Court is of the opinion that there are valid and substantial grounds

for grant of leave to the appellant-applicant State of Rajasthan for

filing an appeal against the acquittal of the respondent vide

impugned judgment.

(3 of 3) [CRLMA-375/2019]

Accordingly, the application for grant of leave to appeal is

allowed. The memo of leave to appeal be treated as an appeal

and it be registered as such. Amended cause title be filed within

two weeks.

Admit. Issue notice. Send for the record.

The respondent be summoned through a bailable warrant in

the sum of Rs.25,000/-.

List the matter after six weeks.

(DEVENDRA KACHHAWAHA),J 2-Mohan/-

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