STATE OF RAJASTHAN Vs. PRABHU SINGH RAWAT

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 1.3.2013, passed by Sessions Judge, Kota, whereby the learned Judge has acquitted the accused -respondent, Prabhu Singh Rawat @ Gokul of offence under Section 302 IPC, the State of Rajasthan has filed this criminal leave to appeal.

(2.) BY order dated 5.5.2014 while granting the leave this court had issued notice to the respondent. According to the order dated 7.1.2015 the Sub Inspector, Police Station Gumanpura, Kota, Mr. Hansraj had appeared before this court and informed this court that Prabhu Singh Rawat @ Gokul, the accused -respondent, no longer resides at the address given in the cause title. However, he sought three weeks time to locate the accused -respondent. The time so prayed for was granted. According to the order -sheet dated 4.2.2015, Mr. Rajesh Malik, the S.H.O. Police Station Gumanpura, Kota, appeared before this court. He informed this court that after his acquittal in the year 2013 the accused -respondent, Prabhu Singh Rawat @ Gokul has visited his sister only once. And his family members are unaware about his whereabouts. Therefore, it will be extremely difficult, if not impossible, to locate the accused -respondent. However, no fruitful purpose would be served even if the accused -respondent were discovered.

(3.) ON the basis of this investigation, the police chalked out a formal FIR, namely FIR No. 285/2011 and continued the investigation. Eventually, on 16.6.2011 the police arrested Prabhu Singh Rawat from village Halerh, District Bhilwara. Subsequently, the police submitted a charge -sheet against the accused before the Addl. Chief Judl. Magistrate No. 5, Kota, and committed the case to the Sessions Court. In order to support its case the prosecution examined fourteen witnesses, and submitted twenty -three documents. The defence neither examined any witness nor submitted any document.