Ravi Shekhar S/O Shri Mahaveer ... vs State Of Rajasthan
2022 Latest Caselaw 7079 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 5827/2022

Ravi Shekhar S/o Shri Mahaveer Prasad, Aged About 31 Years,
Resident Of Tilak Nagar Near Jat Hostel, Ward No. 24,
Ratangarh, District Churu 331022 (Raj). Mobile No. 8005572343.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Petitioner(s) : Mr. Manish Parihar for Mr. Tanveer Ahamad For Respondent(s) : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

07/11/2022

Heard the parties.

The petitioner faced trial in Sessions Case No.330/2015 (CIS

No.590/2015) and was acquitted of the charges under Sections

366, 376 and 511 IPC by the judgment dated 13.08.2019.

Learned counsel for the petitioner submits that from the

impugned judgment, it would be evident that there was no

prosecution evidence against the petitioner. The trial judge has

also recorded that in absence of prosecution evidence only for the

reason that the Police has found the allegation true during

investigation would not be a ground to convict the appellant.

Grievance of the petitioner is that instead of recording a

clean acquittal the trial judge has acquitted the petitioner giving

benefit of doubt.

(2 of 2) [CRLMP-5827/2022]

Learned counsel contends that "benefit of doubt" can be

recorded only when there is prosecution evidence and the said

evidence is not acceptable as it is. Where there is complete lack of

prosecution evidence to prove the charge, the case would be of

clean acquittal.

Learned State counsel does not dispute that none of the

prosecution witnesses examined during trial supported the

allegation made against the petitioner.

In the aforesaid circumstance, this was a case of clean

acquittal.

Accordingly, the impugned judgment stands modified to the

extent that acquittal of the petitioner would be treated as clean

acquittal instead of acquittal giving benefit of doubt.

With the aforesaid observation, the petition stands allowed.

(BIRENDRA KUMAR),J

Sunita/7

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