State Of Rajasthan vs Hem Singh
2021 Latest Caselaw 8685 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

..

S.B. Crml Leave To Appeal No. 225/2020.

State Of Rajasthan through PP

----Appellant Versus

Hem Singh S/o Sh. Punam Singh Rawat, R/o Village Mayla Khet

Barar, P.s. Bheem, Dist. Rajsamand.

----Respondent

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

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

31/03/2021

This leave to appeal is reportedly barred by 211 days.

Heard learned Public Prosecutor on the application filed

under Section 5 of the Limitation Act, seeking condonation of

delay in filing the present criminal leave to appeal.

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

had wrongly acquitted the respondent-accused by extending him

the benefit of doubt. Learned Public Prosecutor also stated that

the learned Trial Court had discarded the evidence of the

(2 of 2) [CRLLA-225/2020]

prosecution whereas the prosecution had categorically proved on

record by exhibiting documents and evidence that the age of the

prosecutrix was below 18 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 prosecutrix was below 18 years of age.

Heard learned Public Prosecutor and perused the judgment

impugned dated 13.02.2020 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, 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.

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 1-Mohan/-

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