PATRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the present criminal revision filed by the complainant petitioner under Sec. 397 read with Sec. 401 Cr.P.C. has been made to the judgment dtd. 6/1/2018 passed by the Court of learned Addl. Sessions Judge, No. 2, Jaipur District, Jaipur (for short Rs.the learned Appellate Court') in Criminal Appeal No. 2/2018 (Smt. Kapoori Devi Vs. State), whereby the learned Appellate Court while allowing the criminal appeal filed by the accused respondent, acquitted her from the charges levelled against her and quashed the judgment of conviction and sentence dtd. 6/12/2017 passed by the Court of learned Addl. Chief Judicial Magistrate (S.P.E. Cases), Jaipur District Jaipur (for short Rs.the Trial Court') in Original Criminal Case No. 29/2017 (463/2009), whereby the learned Trial Court convicted and sentenced the accused respondents for the offences under Ss. 324 and 326 IPC.

(2.) Facts of the case in nutshell are that on the basis of Parcha-bayan of complainant Patram, an FIR No. 0355/2009 was registered at Police Station Bassi for the offences under Ss. 451, 324, 336/34 IPC. After investigation challan was filed against the accused respondent in the Court concerned for the offences under Ss. 452, 324, 336, 326 and 308/34 IPC. The accused respondent was discharged from the charge under Ss. 452 and 308 IPC but charges against her were framed for the offences under Ss. 326, 324 and 323 IPC. The accused respondent denied the charges, pleaded not guilty and claimed to be tried.

(3.) The prosecution to prove its case examined 14 witnesses and got exhibited seven documents. During trial co-accused Satyanarayan died, therefore, vide order dtd. 5/2/2015 the proceeding qua him were dropped.