Smt Saroj vs State And Anr (2023/Rjjd/013230)
2023 Latest Caselaw 3971 Raj

[2023/RJJD/013230]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 62/2018

Smt. Saroj D/o Tarachand, By Caste Saini, Resident Of Ward No. 23, Rajgarh, District Churu Haryana.

----Appellant Versus

1. State Of Rajasthan

2. Surendra Singh S/o Shri Purnaram, By Caste Saini, R/o Dhani Siswal, Police Station Adampur, Tehsil And District Hisar Haryana.

----Respondents

For Appellant(s) : Mr. Sailendra Gwala For Respondent(s) : Mr. Gourav Singh, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/05/2023

1. The petitioner happens to be complainant of the criminal

prosecution for the offence under Sections 498 A and 406 of

the IPC in which after a rigours trial, the learned trial Court

acquitted the accused respondent from the offence under

Section 406 of the IPC but convicted for offence under

Section 498-A of the IPC. Whereupon, the accused

respondent preferred an appeal in which the learned

Appellate Court has allowed the appeal and acquitted him by

giving benefit of doubt.

2. A perusal of the judgment impugned passed by both the

Courts below reveals that there are reasonable and valid

grounds to allow the petitioner to prefer an appeal.

Otherwise also, after insertion of proviso under Section 372

[2023/RJJD/013230] (2 of 2) [CRLLA-62/2018]

of Cr.P.C., the victim/complainant has been given an

absolute right to prefer an appeal against the judgment of

acquittal irrespective of the fact whether it is passed by the

Court of first instance or by the Appellate Court.

3. Accordingly, the instant application seeking leave to appeal

is allowed. The memo of leave to appeal application shall be

treated and registered as an appeal.

4. Office to proceed.

(FARJAND ALI),J 27-Ashutosh/-

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