Bahadur Singh Gurjar S/O Sh. Ram ... vs State Of Rajasthan
2023 Latest Caselaw 3058 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 2653/2023

Bahadur Singh Gurjar S/o Sh. Ram Phool, Aged About 32 Years,
Resident Of Village Sedhri Gujran, Police Station Shop, Dist.
Tonk, Rajasthan.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Petitioner(s) : Mr. Vikas Kabra, Adv. For Respondent(s) : Mr. Babu Lal Nasuna, PP.

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

03/08/2023

Heard the parties.

The petitioner faced trial in Sessions Case No.01/2017

(02/2017) and was acquitted of the charges under Sections 148,

447, 427, 323, 323/149, 325, 325/149, 326, 326/149, 307 and

307/149 IPC by the judgment dated 17.11.2022.

Learned counsel for the petitioner submits that from the

impugned judgment, it would be evident that there was no

prosecution evidence against the petitioner.

Grievance of the petitioner is that instead of recording a

clean acquittal the trial judge has acquitted the petitioner giving

benefit of doubt.

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

(2 of 2) [CRLMP-2653/2023]

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 as they have turned hostile.

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

N.Gandhi/503

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