STATE Vs. RAKESH MALIK & ORS

JUDGEMENT

(1.) The petitioner/State has sought leave to appeal against the Judgment dated 15th September, 2009 giving benefit of doubt to the respondents, namely, Rakesh Malik, Mukesh Malik and Sanjeet Malik and absolving them of the charges under Section 307/323/324/341/34 of IPC in Sessions Case No. 92/1/2008 arising out of FIR No. 623/2004 under Section 307/324/34 of IPC, PS Dabri.

(2.) The Trial Court has held that there are various discrepancies and infirmities in the prosecution case which raised doubts about the truthfulness of the prosecution case and thus giving benefit of doubt to the accused. The Trial Court has noticed over writing in Rukka Ex. PW-8/A about the time of sending Rukka to the Police Station, which is also in different ink and which the prosecution has failed to explain and thus, there is a doubt as to when it was sent to the Police Station.

(3.) The Trial Court also referred to the fact that the injured, Amit Solanki did not give the details of incident such as time etc. when the statement was given to the SI nor did he give the details to the doctor. Though he has given an explanation that the doctor did not ask him as to who had assaulted him and therefore he did not disclose about the same but this explanation has not been accepted by the Trial Court in the facts and circumstances and other evidence on record. PW-2, Sarwan Kumar the only independent witness did not support the case of the prosecution.