VEER RAJENDRA RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Vide judgment dated 1.10.2013 passed in Criminal Case No.592 of 2013, the Judicial Magistrate First Class, Durg acquitted the Applicant/accused of the charges framed under Sections 498-A and 506 of the Indian Penal Code on the ground that even after affording of sufficient opportunity to the prosecution, it could not produce any of its witnesses and, therefore, no offence is made out against the Applicant. An appeal, being Criminal Appeal No.690 of 2013 was preferred against the said judgment by the State/Respondent. Vide the impugned judgment dated 10.3.2015, the Additional Sessions Judge (FTC), Durg allowed the appeal and remanded the case for re-trial. Hence, this revision by the accused/Applicant.

(2.) Learned Counsel appearing for the Applicant submits that the Appellate Court has failed to consider that the First Information Report was lodged on 26.8.2005 and even after passing of about 8 years the prosecution failed to produce its witnesses before the Trial Court for examination. The Appellate Court has also failed to see that the Trial Court had afforded sufficient opportunity to the prosecution to produce its witnesses for examination and had tried its best to get the witnesses of the prosecution examined, but, despite that, the prosecution failed to produce its witnesses. Therefore, the Trial Court rightly closed the evidence of the prosecution and rightly acquitted the Applicant/accused of the charges.

(3.) Learned Counsel appearing for the State/Respondent opposes the arguments advanced on behalf of the Applicant and supports the impugned judgment.