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Smt.Mamta vs State & Anr on 16 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 1010 / 2011
Smt. Mamta W/o Shri Kamlesh Kumar, D/o Shri Jogaram, B/c
Sagarwanshi Mali, R/o Sampurnanand Colony, Presently R/o Near
Sarjavav Gate, Sirohi, Tehsil District- Sirohi.
—-Petitioner
Versus
1. State of Rajasthan

2. Kamlesh Kumar S/o Shri Vena Ram, By Caste- Sagarwanshi
Mali R/o Sampurnanand Colony, Sirohi, Tehsil District- Sirohi.
—-Respondents
__
For Petitioner(s) : Mr. Jayant Joshi.
For Respondent(s) : Mr. L.R. Upadhyaya, PP.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Order
16/11/2017

Heard.

This revision has been preferred by the petitioner

complainant against the judgment dated 26.7.2011 passed by the

learned Sessions Judge, Sirohi in Criminal Appeal No.10/2011

whereby, the learned Sessions Judge affirmed the judgment dated

13.11.2009 passed by the learned Chief Judicial Magistrate, Sirohi

in Criminal Regular Case No.381/2005 acquitting the respondent

no.2 Kamlesh Kumar from the charge under 498A IPC.

Having heard and appreciated the arguments advanced by

learned counsel for the parties and after going through the

impugned judgments, this Court is of the firm opinion that two

Courts of competent jurisdiction have recorded concurrent findings
(2 of 2)

of facts disbelieving the prosecution case and acquitting the

respondent. A perusal of the trial Court’s judgment clearly

discloses that the evidence led by the petitioner complainant was

appreciated in a totally just and appropos fashion and finding the

same to be highly vacillating and contradictory, the accused was

acquitted of the charge. The judgment of acquittal recorded by the

trial Court has been confirmed in the appeal as well. In a revision

against acquittal, the powers of High Court are curtailed by virtue

of Section 401(3) Cr.P.C. as per which, finding of acquittal cannot

be converted in one of conviction. Since the impugned judgments

do not suffer from any infirmity or shortcoming whatsoever, I am

not inclined to entertain this revision for interfering therein.

Hence, the same is hereby dismissed as being devoid of merit.

(SANDEEP MEHTA),J.

S.Phophaliya/-

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