Sita Ram vs Raju Alias Rajendra Kumar And Anr
2022 Latest Caselaw 7018 Raj

                                          (1 of 2)                   [CRLR-205/2001]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 205/2001

Sita Ram
                                                                     ----Petitioner
                                    Versus
Raju Alias Rajendra Kumar And Anr
                                                                   ----Respondent


For Petitioner(s)         :    Mr. Ranjeet Joshi
                               Mr. Kapil Bissa
For Respondent(s)         :    Mr. SK Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                Judgment

11/05/2022

     Learned    counsel       for   the     petitioner          submits   that   the

independent witnesses have corroborated the incident and thus,

there was sufficient proof that the son of the complainant Vishnu

went for the natural call and disappeared. Learned counsel further

submits that the testimony of PW-3 was reliable and thus, the

heinous crime like taking away of the complainant's child ought

not to be ignored by the learned trial court.

     Learned Public Prosecutor opposes the petition.

     This Court, after hearing the learned counsel for the parties

and perusing the record of the case, finds that the learned trial

court, in his well considered judgment, has arrived at a conclusion

that the story of the child of the complainant-petitioner being

taken away is quite suspicious as he himself has actually ran away

from home and the learned trial court has rightly arrived at a

conclusion that it was a voluntary act of the child. The motive



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                                                                              (2 of 2)                [CRLR-205/2001]



                                   behind taking away of the child is not established by the

                                   prosecution. The jeep or the vehicle in question was not recovered

                                   by the prosecution.

                                         Looking into the aforesaid lacuna, learned trial court has

                                   rightly arrived at a conclusion that the matter could not be proved

                                   beyond suspicion.

                                         In view of the above, the present petition is dismissed

                                   accordingly. All pending applications also stand dismissed.



                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

46-Sudheer/-

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