ANIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant-Anil filed the present appeal to challenge the impugned judgment dated 13.7.2016 passed by the Additional Sessions Judge, Dungarpur in Sessions Case No. 12/2014 titled as "State Vs. Anil & Anr."? whereby the learned Trial Court convicted and sentenced the appellant which is as under:-

(2.) This Court by order dated 18.7.2025, appointed Ms. Divya Bapna, as Amicus Curiae to argue the present criminal appeal. The complete paper book was ordered to be provided to the learned Counsel. The learned Amicus Curiae, Ms. Divya Bapna, submitted that the accused-appellant filed the present appeal on the following grounds:-

(3.) Learned Amicus Curiae, seriously questioned the judgment passed by the learned Trial Court and submitted that the material witnesses of the prosecution did not support the prosecution story and further there are serious material contradictions and false exaggeration of the incident by the deceased in the dying declaration dated 31.10.2013. To support her arguments the learned Counsel, Ms. Divya Bapna referred to Exhibit P-1, "Najai Bayan"? of the deceased Vandana Soni as given to the ASI Sandeep Shrimal in the hospital around 6.05 p.m. Exhibit P-1 is as under:-