ALKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforesaid revision petition and cr. appeal have been filed against the judgment dated 25.8.2009 passed by Special Judge, Women Atrocities and dowry Cases, Jaipur City, Jaipur in Sessions Case No. 23/2008, whereby the accused respondent has been acquitted from the ofence under Sections 450, 376 IPC, hence the arguments have been heard together and they are being decided by this common order.

(2.) Brief facts of the case are as under:

(3.) Learned PP appearing for the State as also the counsel for the complainant-petitioner have contended that the trial court has failed to exercise the jurisdiction vested in it by law and only exercised the jurisdiction with material irregularity. The judgment of the trial court is also contrary to the facts on record and suffers from patent illegality and based on misreading of evidence, apparent on the face of it. They have further contended that the trial court has not appreciated the fact arising from the statement of the prosecution witnesses. They have further contended that the trial court has seriously erred in not appreciating the fact that in his statements the accused respondent and SHO Suresh Mehrania wrongly stated that the accused respondent submitted a report at Police Station, Galta Gate regarding conflict between him and father of the complainant petitioner, but he has not mentioned any reasons for not registering the case on the basis of the report of the accused respondent and he has not submitted a complaint before the higher authorities. They have further contended that the trial court has acquitted the accused respondent on the basis of the defence witnesses and wrongly acquitted the accused respondent. They have further contended that although they submitted the judgment(s) before the court below, but the same have not been considered by the trial court. Mr. R.R. Baisla, learned PP has placed on the same judgment, which has been cited by the trial court. They have further contended that no witness has been declared hostile and all the witnesses are naming the name of the accused respondent and it is the full proof case against him, hence the accused respondent be sent to jail after setting aside the judgment of trial court acquitting the accused respondent.