LAWS(RAJ)-2000-9-74

STATE OF RAJASTHAN Vs. BHANWARLAL

Decided On September 06, 2000
STATE OF RAJASTHAN Appellant
V/S
BHANWARLAL Respondents

JUDGEMENT

(1.) BEING aggrieved by the order of acquittal passed by the learned Sessions Judge, Bikaner on 5.1.84 in Sessions Case No. 128/82, the State has come up in appeal against the said acquittal on the grounds mentioned in the memo of appeal as also verbally canvassed before me.

(2.) WITH the assistance of the learned P.P. and the learned counsel for the accused, I have scrutinised the record and reappreciated the oral and documentary evidence.

(3.) THE learned P.P. contended that the reasons given by the learned trial Judge in acquitting the accused are unsustainable in law. The delay caused in lodgment of the FIR is satisfactorily explained. The testimony of the prosecutrix is liable to be accepted. It is duly corroborated by the medical evidence and only for few minor contradictions, the acquittal should not have been recorded.