State Of Rajasthan vs Khem Singh (2023/Rjjd/006087)
2023 Latest Caselaw 1964 Raj

[2023/RJJD/006087]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Crml Leave To Appeal No. 311/2022

State Of Rajasthan

----Appellant Versus Khem Singh & Ors.

                                                                 ----Respondents


For Appellant(s)          :     Mr. M.A. Siddiqui, GA-cum-AAG
                                with Mr. A.R. Malkani
For Respondent(s)         :     None present

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

28/02/2023

Learned AAG, Shri M.A. Siddiqui, submits that an application

under Section 5 of the Limitation Act has already been filed on

31.01.2023. The office has pointed out that there was delay of 40

days in filing of the appeal, hence, an application under Section 5

of the Limitation Act was filed by the learned Public Prosecutor,

supported by an affidavit of additional Public Prosecutor Ms.

Shabnam Bano.

Having gone through the reasons as stated in the application

itself, the same is deserves to be allowed. Hence, the application

filed under Section 5 of the Limitation Act is allowed and delay in

filing is waived.

This appeal has been filed under Section 378(iii) and (i) of

Cr.P.C. against the order of acquittal dated 18.07.2022 passed by

learned Additional Sessions Judge, (Women Atrocities Cases)

Jodhpur Metropolitan, Jodhpur in Sessions Case No.41/2014

[2023/RJJD/006087] (2 of 2) [CRLLA-311/2022]

(895/2014). The grounds of assailing the order of acquittal are

already mentioned in the appeal memo.

Learned AAG also submits that this is the first appeal against

the order of acquittal whereby the respondents Nos.1 to 4 who

faced the trial were acquitted of charges under Sections 498-A

and 304 B of IPC.

Heard learned AAG and perused the judgment passed by

learned trial Court.

Perused the grounds of acquittal and considered the

arguments in support of present appeal advanced by learned AAG,

since it is a State appeal preferred against the order of acquittal

as provided under Section 378 (1)(b) subject to grant of leave

under Sub-section (3).

Looking to the facts and circumstances and the grounds as

raised herein above, the present appeal is admitted.

Issue notice to respondents, returnable within a period of

two weeks.

Learned Public Prosecutor is directed to call for record.

List the matter after three weeks.

(ASHOK KUMAR JAIN),J 1-divya/-

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