Niba Ram vs State Of Rajasthan ...
2023 Latest Caselaw 4252 Raj

[2023/RJJD/014080]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 292/2022

Niba Ram S/o Shri Pera Ram, Aged About 48 Years, R/o Village Lunawas, Tehsil Bhinmal, District Jalore.

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Jepa Ram S/o Thanaji, R/o Lunawas, Tehsil Bagora, Bhinmal, District Jalore.

----Respondents

For Appellant(s) : None present For Respondent(s) : Mr. Arun Kumar, P.P.

HON'BLE MR. JUSTICE FARJAND ALI Order

08/05/2023

1. The instant leave to appeal has been preferred against the

judgment dated 15.09.2022 passed by learned Additional Session

Judge Bhinmal, District Jalore in Sessions Case No.08/2015

pertaining to FIR No.472/2014 whereby the learned trial Judge

has acquitted the accused respondent Jepa Ram from the charges

levelled against him by giving him benefit of doubt.

2. After insertion of Proviso to Section 374 of Cr.P.C., an

absolute right has been conferred upon the victim/complainant to

prefer an appeal. Thus, the instant leave to appeal is not

maintainable.

3. Accordingly, the same is dismissed.

4. However, the petitioner would be at liberty to prefer an

appeal as per the provision of law, if he desires to do so.

(FARJAND ALI),J 119-divya/-

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