Chelaram @ Shailaram Sargara vs State (2023/Rjjd/015115)
2023 Latest Caselaw 4616 Raj

[2023/RJJD/015115]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 167/2020

Chelaram @ Shailaram Sargara S/o Sh. Chhogaram, Aged About 47 Years, B/c Sargara, R/o Raiko Ka Bas, Dhundhada, Police Station Luni, District Jodhpur (Raj.).

----Appellant Versus

1. State, Through Pp

2. Jesaram S/o Sh. Jogaram, B/c Patel, R/o Gugo Ka Falsa, Utesar Road, Dhundhada, Police Station Luni, Dist. Jodhpur (Raj.).

----Respondents

For Appellant(s) : Mr. Dilip Sharma Mr. Naresh Khatri For Respondent(s) : Mr. A.R. Choudhary, P.P.

Mr. Dashrath Singh

HON'BLE MR. JUSTICE FARJAND ALI

Order

15/05/2023

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

judgment dated 18.02.2020 passed by learned Special Judge,

Protection of Children From Sexual Offences Act, 2012. The

petitioner is the complainant of the criminal trial in which his

daughter was allegedly molested by the respondent. The trial

Court acquitted the accused respondent Jesaram after

appreciation of evidence and by giving him benefit of doubt.

2. After insertion of Proviso to Section 372 of Cr.P.C. an

absolute right has been conferred upon the victim/complainant to

prefer an appeal against the judgment of acquittal. In this view of

the matter, the leave to appeal application is disposed of.

[2023/RJJD/015115] (2 of 2) [CRLLA-167/2020]

3. The memo of leave to appeal application shall be treated and

registered as a criminal appeal under proviso to Section 372 of

Cr.P.C.

4. Office to proceed.

(FARJAND ALI),J 30-divya/-

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