BANSHI GIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant-applicant herein has been convicted and sentenced as below vide judgment dtd. 1/10/2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Chittorgarh in Sessions Case No.122/2019 (51/2018): <FRM>JUDGEMENT_103_LAWS(RAJ)7_2022_1.html</FRM>

(2.) Learned Public Prosecutor has filed reply to the application for SOS which indicates that the appellant does not have any criminal antecedents. He has suffered custodial period of nearly five years by now.

(3.) Shri D.S. Rathore, learned counsel representing the appellant urged that there is no plausible evidence to connect the appellant with the alleged murder of the victim Arun. The only semblance of evidence which the prosecution gave against the appellant was by virtue of statements of Deepak (PW.4) and Nepal Singh (PW.13) regarding the circumstance of last seen. However, the evidence of both these witnesses is flimsy and unreliable. No other incriminating circumstance was proved by the prosecution so as to bring home the guilt of the accused. He thus, urged that the appellant deserves indulgence of bail during pendency of the appeal.