State vs Bheem Singh on 12 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 104 / 2017
State of Rajasthan

—-Appellant
Versus
Bheem Singh S/o Veer Singh, B/c Rajput, R/o Village Shivnagar,
Tehsil- Pungal, Distt. Bikaner.

—-Respondent
__
For Appellant(s) : Mr.L.R.Upadhyay, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
12/07/2017

Heard learned Public Prosecutor and perused the impugned

judgment as well as the record.

The trial court acquitted the respondent from the charges

under Sections 341 and 323 I.P.C. as the parties have entered into

a compromise. The trial Judge acquitted the respondent from the

charge under Section 3(1)(x) and (xi) of the SC/ST (Prevention of

Atrocities) Act and Section 354 I.P.C. finding the prosecution story

to be doubtful and considering the fact that the incident

admittedly did not occur at a place within public view and that the

evidence of the sole prosecution witness P.W.5 Dariya Devi was

doubtful. It was further noted that the F.I.R. came to be lodged

after nearly 15 days of the incident i.e. on 21.5.2015 with no

explanation being offered for the prolonged delay in lodging of the

F.I.R.

In these circumstances, I am of the view that there are no
(2 of 2)
[CRLLA-104/2017]

valid grounds to grant leave to the State of Rajasthan for filing an

appeal against the impugned judgment.

Consequently, the instant application for grant of leave to

appeal is dismissed as being devoid of merit.

Record be sent back forthwith.

(SANDEEP MEHTA)J.

/tarun goyal/

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