Rajasthan High Court - Jodhpur
Raju Khan vs State on 20 June, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:26970]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 334/2008
Raju Khan S/o Shri Lalu Khan @ Kalu Khan by caste Musalman
R/o Balotra, District Barmer (Presently lodged in Central Jail
Jodhpur)
----Petitioner
Versus
The State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Rajesh Choudhary
For Respondent(s) : Mr. Sharwan Singh Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
Order Reserved On : 09/05/2025
Order Pronounced On : 20/06/2025
By the court:-
1. The petitioner has challenged the judgment of conviction
dated 05.12.2006 passed by the learned Additional Chief
Judicial Magistrate No.2, Jodhpur, as well as the judgment of
affirmation dated 03.04.2008 passed by the learned
Appellate Court, whereby he was convicted for the offence
under Section 382 IPC and sentenced to undergo one year of
rigorous imprisonment along with a fine of ₹5,000/-, with a
default clause. The appeal preferred by him was dismissed.
2. Briefly stated, the facts of the case are that on 01.11.2005,
a report was lodged at the instance of the complainant,
Manoj Kumar, who was examined in the trial as P.W.-2. The
report alleged forceful snatching of his wife's purse by three
persons riding a motorcycle without a number plate. As per
[2025:RJ-JD:26970] (2 of 3) [CRLR-334/2008]
his version, the purse contained ₹3,400/-, two gold rings,
and some domestic documents. In his testimony, P.W.-2
Manoj Kumar stated that while they were on their way to
Pratapnagar, two or three boys on a motorcycle snatched the
purse from his wife's hand. Though he attempted to chase
them, they managed to escape. He categorically stated that
he could not identify the accused, as he did not get an
opportunity to see them from behind.
3. The core question before the Trial Court was whether the
prosecution had succeeded in proving beyond reasonable
doubt that the petitioner was the person who had snatched
the purse. However, the prosecution miserably failed to
establish this crucial aspect. P.W.-1 (Rekha Devnani), the
wife, and P.W.-3 (Robin), the son, unequivocally denied being
able to identify the person who committed the crime.
4. I am of the firm view that both the Trial Court and the
Appellate Court failed to appreciate the legal and factual
matrix of the case correctly. The prosecution's entire case
rests solely on the statement of P.W.-10 (Kumbha Ram), the
Investigating Officer, who obtained a production warrant and
brought the petitioner from the Central Jail. Although a bag
and a bill were claimed to have been recovered from him,
interestingly, the said property was never subjected to test
identification. When the accused was already in custody and
subsequently shown in connection with this case, the
[2025:RJ-JD:26970] (3 of 3) [CRLR-334/2008]
genuineness of the alleged recovery becomes highly
doubtful.
5. In any event, in the absence of identification of the
recovered property and without any eyewitness identifying
the petitioner as the perpetrator, the petitioner cannot be
held guilty of having committed theft or robbery. Hence, the
offence under Section 382 IPC is not made out against him.
6. Both the Courts below have committed a serious error in
appreciating the facts and circumstances of the case in light
of the settled principles of criminal jurisprudence. Therefore,
the judgment of conviction and sentence is not sustainable in
the eyes of law and deserves to be quashed.
7. Accordingly, the instant revision petition is allowed. The
judgment dated 05.12.2006 passed by the learned Additional
Chief Judicial Magistrate No.2, Jodhpur, in Criminal Case
No.424/2006, and the judgment dated 03.04.2008 passed
by the learned Additional District and Sessions Judge No.2,
Jodhpur, in Criminal Appeal No.14/2007 are hereby quashed
and set aside.
8. The accused-petitioner is acquitted of the charges. His bail
bonds are discharged. He is not required to surrender.
9. The record be sent back forthwith.
(FARJAND ALI),J
11-divya/-
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