SHAMBHULAL Vs. RAMESHWAR

JUDGEMENT

(1.) The instant D.B. Criminal Appeal has been preferred by the appellant-complainant under Sec. 372 Cr.P.C. read with Sec. 413 of the B.N.S.S., 2023, assailing the validity of the judgment dtd. 9/7/2024 passed by learned Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Cases, Bhilwara (hereinafter referred to as "the learned trial court") in Sessions Case No.45/2018 (C.I.S. No.23/20), whereby the learned trial court acquitted the accused-respondents, namely, Rameshwar and Ramkanya of the charges levelled against them.

(2.) As per the prosecution case, on 30/1/2018, the complainant-appellant Shambhulal submitted a written report at Police Station Mandal stating therein that his son Narendra @ Nagjiram aged about 11 years, a student of Class VI at Gopal Dwar, Senior Secondary School, had left home at around 11:00 AM for attending school but did not return even after the school was closed at about 3:30 PM. It was further alleged that despite making extensive efforts to search for him at all possible places, his whereabouts could not be traced.

(3.) On the basis of the said information, a formal FIR No.34/2018 (Ex.P/25) was registered at Police Station Mandal, District Bhilwara for the offences under Ss. 363 and 342 IPC.