State vs Sunil @ Dharma Ram
2022 Latest Caselaw 14348 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Crml Leave To Appeal No. 105/2015

State Of Rajasthan
                                                                   ----Appellant
                                   Versus
Sunil @ Dharma Ram S/o Hazari Ram, B/c Vishnoi, R/o Kuchor
Aguni, Bikaner
                                                                 ----Respondent


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



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order



Order Pronounced on                    :::                      06/12/2022
Order Reserved on                      :::                      28/11/2022

BY THE COURT :-

The instant leave to appeal filed under Section 378 (1) & (3)

Cr.P.C. has been preferred by the State of Rajasthan against the

judgment of acquittal dated 23.12.2014 passed by the learned

Additional Sessions Judge (Women Atrocities Cases), Bikaner in

Sessions Case No.12/2013, whereby accused-respondent has

been acquitted from the charges under Sections 366, 376, 342

and 323 of the IPC.

Briefly stated, the facts of the case necessary for disposal

are that at the behest of Ram Chandra (P.W.7), a written report

was submitted at the Police Station Nokha, District Bikaner on

19.02.2010 at 5.10 p.m. alleging inter alia that his sister

Ramshenhi (P.W. 1) was missing since 15.02.2021.

(2 of 3) [CRLLA-105/2015]

On the basis of this report, an FIR No.71/2010 was

registered for the offences under Sections 366 & 342 IPC.

Thereafter, the accused-respondent was arrested. After concluding

the investigation, a charge-sheet came to be submitted against

the accused respondent for the offences punishable under

Sections 366, 342 & 376 of the IPC. As the offence was triable

by the Court of Sessions, the case was committed for trial to the

Court of the Additional Sessions Judge (Women Atrocities Cases),

Bikaner where charges were framed against the accused

respondent in the above terms. He pleaded not guilty and claimed

trial. The prosecution examined as many as 13 witnesses and 17

documents were tendered into evidence so as to prove its case.

The accused was questioned under Section 313 CrPC and was

confronted with the circumstances appearing against him in the

prosecution evidence. He controverted the same but did not

choose to lead any oral evidence, however, five documents were

exhibited by the accused in his defence.

After hearing the arguments advanced by the prosecution

and the defence counsel and appreciating the evidence available

on record, the learned trial court observed that the prosecution

has failed to prove the charges against the accused-respondent

and thus, the learned trial court proceeded to acquit him from the

charges as mentioned above. Hence, the instant leave to appeal.

Heard learned Govt. Advocate as well as learned counsel for

the accused-respondent. Perused the material available on record.

After careful scanning of the statements of the prosecution

witnesses, more particularly the statements of prosecutrix Mst.'R'

P.W. 1 and Bhanwar Lal P.W.8, this Court is of the considered view

that the learned trial Court has not committed any error, illegality

(3 of 3) [CRLLA-105/2015]

or perversity in acquitting the accused. The evidence of

prosecution witnesses has been aptly appreciated by the learned

trial Judge and the conclusion/finding of acquittal has been

reached after assigning good and valid reasons.

In this view of the matter, this Court finds no reasons to

interfere in the judgment of acquittal dated 23.12.2014 passed by

the learned Additional Sessions Judge (Women Atrocities Cases),

Bikaner in Sessions Case No.12/2013. Hence, the leave to appeal

having no force is hereby dismissed.

(FARJAND ALI),J 50-Mamta/-

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