State Of Rajasthan vs Rajveer Singh ...
2023 Latest Caselaw 7024 Raj

[2023:RJ-JD:28777] (1 of 2) [CRLLA-182/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 182/2023

State Of Rajasthan, Through Pp

----Appellant Versus Rajveer Singh S/o Shri Shyam Singh, Aged About 36 Years, Resident Of Tiyapatti Uchain, Police Station Uchain, District Bharatpur

----Respondent

For Appellant(s) : Mr. S.K. Bhati, PP For Respondent(s) :

HON'BLE MR. JUSTICE FARJAND ALI

Order

11/09/2023

1. The instant criminal leave to appeal has been filed to

challenge the judgment dated 06.09.2022 passed by Judicial

Magistrate, Merta in Criminal Original Case No.262/2013

(31/2013) whereby the accused respondent has been acquitted

from the charges under Sections 279, 337 and 304-B of the IPC.

2. As per the office report, the application is barred by

limitation from 223 days and an application under Section 5 of the

Limitation Act has been preferred.

3. I have gone through the averments made in the application

filed under Section 5 of the Limitation Act. No specific reason has

been assigned in the application so as to pursuade this court for

consideration of condonation of delay. Despite the same, this

Court is of the opinion that a meritorious case should not be

thrown out on the ground of technicalities and for the purpose of

[2023:RJ-JD:28777] (2 of 2) [CRLLA-182/2023]

satisfaction, I have gone through the impugned judgment

minutely.

4. On a perusal of the judgment impugned, it is revealing that

the accused respondent was not known to the complainant or the

other prosecution witnesses. Even the eye witnesses were not

produced to depose about the details of the accident. No

identification parade has been conducted. There is nothing on the

basis of which it can be concretely established that at the relevant

point of time the accused respondent Rajveer Singh was driving

the vehicle and the same was being driven rashly and negligently.

Learned Judicial Magistrate has very prudently made meticulous

examination of evidence in this regard. There appears no

reasonable grounds convincing this court to interfere in the well-

reasoned judgment of acquittal. A presumption of innocence which

was already existing in favour of the accused has further been

fortified by judgment of acquittal passed by the court of

competent jurisdiction. Thus, this Court is of the opinion that the

Court of appeal should show reluctance in interfering in the

judgment of acquittal unless it is shown that the findings are

product of total non-consideration of the material brought before

the trial Court. There is no force in the instant leave to appeal

thus, the same is dismissed both on the count of limitation as well

as on the count of merit.

(FARJAND ALI),J 191-Samvedana/-

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