Om Prakash vs State Of Rajasthan
2022 Latest Caselaw 5123 Raj

                                       (1 of 2)                   [CRLLA-183/2019]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             S.B. Crml Leave To Appeal No. 183/2019

Om Prakash S/o Sh. Matadeen, Aged About 55 Years, B/c
Harijan , R/o Village Lamba Jatan , P.s. Gotan , Distt. Nagaur
                                                                   ----Appellant
                                   Versus
1.     State Of Rajasthan, Through Pp
2.     Bansi Ram S/o Sh. Shimbhu Ram, B/c Harijan, R/o Lamba
       Jatan (Since Dead)
3.     Amara Ram S/o Sh. Bansi Ram, B/c Harijan, R/o Lamba
       Jatan
4.     Ramniwas S/o Sh. Bansi Ram, B/c Harijan, R/o Lamba
       Jatan
5.     Safi Ram S/o Sh. Bansi Ram, B/c Harijan, R/o Mokala
       (Since Dead)
6.     Aakaram S/o Sh. Ashu Ram @ Atama Ram, B/c Harijan,
       R/o Gagarana
7.     Swaroopram S/o Jagdish @ Jagji, B/c Harijan, R/o
       Khawaspura
8.     Puna Ram S/o Bhoma Ram, B/c Harijan, R/o Mokala
                                                                ----Respondents


For Appellant(s)         :     Mr. Rahul Sharma
For Respondent(s)        :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

06/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.




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                                                                               (2 of 2)                 [CRLLA-183/2019]



                                         This criminal      leave to appeal has been preferred claiming

                                   the following reliefs:-


                                             "It is, therefore, most humbly and respectfully prayed that this
                                             Criminal Leave to Appeal, may kindly be allowed and the
                                             impugned judgment dated 30.10.2018 passed by Civil Judge Cum
                                             Judicial Magistrate, Merta, may kindly be quashed and set aside
                                             and the accused respondents may convicted and sentenced in
                                             accordance with law.
                                             In the alternate it is respondents prayed that the matter may kindly
                                             be remanded back to the trial court for fresh order for cognizance
                                             and de novo trial."

                                         Counsel for the appellant submits that the allegations

                                   levelled by the appellant/complainant in his complaint establishes

                                   offence of defamation. Counsel for the appellant submits that

                                   there is ample evidence for the insult caused by accused and the

                                   provocation made.

                                         This Court after hearing the submissions advanced and

                                   carefully perusing the impugned order finds that learned trial

                                   court has dealt with the issue at length. The delay in reporting the

                                   incident and the vague evidence provided by prosecution witness

                                   have been relied upon by the learned trial court for acquitting the

                                   accused-respondents under Section 504 IPC.

                                         The burden of proof rests in favour of accused persons,

                                   therefore, the judgment of acquittal has been rightly recorded. No

                                   cause for interference is called for.

                                         The present criminal leave to appeal is dismissed.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

91-nirmala/Sanjay-

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