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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CRIMNAL LEAVE TO APPEAL NO.123/2009
(State of Rajasthan Vs. Sunil)
Date of order :: 30.04.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr.O.P. Singaria, Public Prosecutor.
In this leave to appeal, the State
Government is challenging the judgment dated 26th
July, 2006 rendered by the learned Additional
Sessions Judge, Nathdwara in case No.43/2005
whereby the learned Judge has acquitted accused-
respondent for offence under Section 411 IPC and
set aside the judgment dated 29th November, 2005
passed by the learned Additional Chief Judicial
Magistrate, Nathdwara in criminal case No.2/2004.
The brief facts of the case are that on
27th October, 2003 an FIR was registered under
Section 457 and 380 at Police Station Nathdwara.
After due investigation in the said FIR, challan
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was filed against three persons namely Rama Kand,
Gajjanan and Sunl. Against non-petitioner Sunil,
challan under Section 411 IPC was filed. The
learned trial court after trial held Sunil guilty
for offence under Section 411 IPC and convicted
him for three months rigorous imprisonment
alongwith a fine of Rs.500/- for the offence
committed by him.
Against the said judgment dated 29th
November, 2005 passed by the trial court, an
appeal was preferred by the non-petitioner Sunil.
The said appeal was finally decided by the learned
Additional Sessions Judge, Nathdwara vide its
judgment dated 26th July, 2006 by which, the
learned appellate court while giving benefit of
doubt to non-petitioner Sunil acquitted him for
the charges levelled against him for committing
offence under Section 411 IPC.
I have perused both the judgments passed
by learned trial court as well as learned
appellate court.
The learned appellate court while
discussing entire evidence on record come to the
conclusion that prosecution has not properly
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proved any recovery from Sunil, therefore, the
learned appellate court reversed the finding of
guilt against the non-petitioner Sunil while
holding that the prosecution has not proved the
charges levelled against the non-petitioner beyond
reasonable doubt. The learned appellate court
reversed the finding of trial court on cogent
grounds and after considering the evidence
recorded by the trial court.
In my opinion, the learned appellate
court has rightly arrived at with the finding that
prosecution has not proved its case beyond
reasonable doubt against non-petitioner Sunil for
committing offence under Section 411 IPC.
In this view of the matter, there is no
force in this leave to appeal. Hence, this
criminal leave to appeal is hereby dismissed.
(GOPAL KRISHAN VYAS), J.
A.K. Chouhan/-