PREM LATA Vs. SANDEEP

JUDGEMENT

(1.) Present revision petition has been filed against the judgment dtd. 23/4/2018 passed by Additional Sessions Judge, Rewari upholding the order dtd. 24/7/2017 passed by Judicial Magistrate Ist Class, Rewari, whereby respondent No.1 (herein) was acquitted from the charges under Ss. 323, 406, 498-A and 506 of IPC.

(2.) For clarity and simplicity, the revisionist-petitioner, who has filed the impugned FIR, will be referred to as the 'complainant' while respondent No.1, the accused in the impugned FIR, will be referred to as the 'accused' throughout this judgment.

(3.) In the present revision petition, the pertinent facts for adjudication are that the FIR No.40 dtd. 20/2/2013 was lodged against the accused-respondent No. 1, a resident of village Sedpur, Tehsil Tijara, District Alwar (Rajasthan), under Ss. 323, 406, 498-A, and 506 of the Indian Penal Code (for brevity the 'IPC') at Police Station City, Rewari. The matter proceeded to trial before the Court of Judicial Magistrate, First Class, Rewari, which concluded its proceedings and, vide judgment dtd. 24/7/2017, acquitted the accused (respondent No. 1 herein) of all the charges. Dissatisfied with the acquittal, the complainant preferred an appeal against the said judgment passed by the Judicial Magistrate Ist Class, Rewari. However, the learned Additional Sessions Judge, Rewari, vide judgment dtd. 23/4/2018, upheld the trial court's decision, affirming the acquittal of the accused. The appellate Court held that the trial court had correctly appreciated the evidence in accordance with the legal principles and had reached the appropriate conclusion based on the material facts presented during the trial and hence does not require any interference.