Smt. Sunita vs State And Ors
2022 Latest Caselaw 5393 Raj

                                          (1 of 2)                 [CRLR-347/2000]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 347/2000

Smt. Sunita
                                                                   ----Petitioner
                                    Versus
State And Ors
                                                                 ----Respondent


For Petitioner(s)         :     Mr. CS Kotwani
For Respondent(s)         :     Mr. SK Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

12/04/2022

     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 the Court, for the safety

of all concerned.

     This criminal revision petition has been preferred claiming

the following reliefs:-


       "It is, therefore, most respectfully prayed that this
       revision petition may kindly be allowed, impugned
       judgment dated 24.04.2000 passed by the learned
       trial Court may kindly be reversed and set aside and
       the accused respondents may be convicted of the
       offence for which they were charged."

     Counsel for the petitioner submits that the acquittal made by

learned trial court under Section 498-A and 406 IPC is contrary to

law as the offences alleged are disclosed in FIR and proved by the

complainant.


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                                                                              (2 of 2)               [CRLR-347/2000]



                                         Counsel for petitioner submits that emphasis laid by the

                                   learned trial court is delay in lodging the FIR was not correct

                                   because in family matters usually delay occurs due to counselling

                                   between the parties.

                                         Counsel for the petitioner further submits that filing of

                                   divorce petition after lodging FIR would have no consequence in

                                   the present case.

                                         Learned Public Prosecutor opposes.

                                         This Court after hearing the submissions and perusing record

                                   of case finds that learned trial court has rightly arrived at a

                                   conclusion regarding acquittal of the accused-respondents. The

                                   rationale given is convincing as cruelty and other ingredients of

                                   the offence were not made out. The wife was living separately

                                   since 04.10.1995 and it was established on record that she did not

                                   visit the matrimonial house except for once or twice during that

                                   period.

                                         The finding arrived by the learned trial court does not call for

                                   any interference.

                                         The revision petition, thus, is dismissed.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

62-Nirmala/suraj-

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