HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Crml Leave To Appeal No. 104 / 2017
State of Rajasthan
Bheem Singh S/o Veer Singh, B/c Rajput, R/o Village Shivnagar,
Tehsil- Pungal, Distt. Bikaner.
For Appellant(s) : Mr.L.R.Upadhyay, P.P.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
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
In these circumstances, I am of the view that there are no
(2 of 2)
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.