STATE OF RAJASTHAN Vs. ANJU SAXENA

JUDGEMENT

(1.) This criminal appeal by the State under Sec. 378 Cr.PC. is 1 directed against the judgment dated 16.2.2001 passed by the learned Chief Judicial Magistrate, Reengus in Criminal Case No. 210/96 whereby, accused-respondent Smt. Anju Saxena has been acquitted of the offence under Sec. 279, 337 and 338 Penal Code and Sec. 134/187 of the Motor 5 Vehicles, 1988.

(2.) The prosecution case in nutshel is that on 23.5.1996 at about 10.15 A M. one Jagan Singh PW-1 was hit from behind by a Maruti Car No. RJ-14-C-4694 as a result of which his right foot was fractured, besides sustaining other injuries. Madan Lal PW-2 made a report in this regard at Police Station Reengus herein, he alleged that Maruti Car No. RJ-14-C-4694 came from the side of Sikar at a fast speed and dashed against his uncle Jagan Singh coming on the wrong side and accident occurred due to the negligence of the car driver. An FIR No. 136/1996 came to be registered and after completion of investigation charge sheet as filed against the accused-respondent. At the trial, accused-respondent denied the charges and claimed to be tried. The prosecution examined eight witnesses and got exhibited three documents in support of the charges. The accused-respondent was examined under Sec. 313 Cr.PC. who again denied that her car met with any accident. After hearing both sides and on the basis of the evidence on record, the trial Court acquitted the accused-respondent vide judgment which is under challenge in this appeal.

(3.) The learned Public Prosecutor has argued that the trial Court has lo committed error in not relying upon the prosecution witnesses and acquitting the accused. According to him, the over writing about the number of Car is a minor discrepancy which does not render the entire case doubtful and unbelievable. This was due to a bonafide mistake.