SUMITRA Vs. ASHISH

JUDGEMENT

(1.) The instant criminal revision petition under Sec. 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Sec. 397 Cr.P.C.) has been filed by the accused Sumitra D/o Roopal Jat calling in question the judgment dtd. 19/12/2025 passed in Criminal Appeal (CIS) No.13/2024 by the Additional Sessions Court, Begu, District Chittorgarh. By the said judgment, the appeal preferred by the complainant was allowed, the conviction and sentence dtd. 21/3/2024 recorded by the learned ACJM, Rawatbhata in Criminal Case No.328/2021 were set aside, and the matter was remanded for fresh trial with a direction to record prosecution evidence.

(2.) The background facts, necessary for adjudication of the revision are that the respondent No.1 lodged FIR No.17/2021 on 17/1/2021 alleging offences under Ss. 341, 323, 504 and 452 of the Indian Penal Code arising out of a local altercation. Upon completion of investigation, a charge-sheet was submitted and the case came to be registered as Criminal Case No.328/2021 before the Court of the learned ACJM, Rawatbhata. The matter was thereafter fixed for prosecution evidence. The record shows that on several dates, including 11/9/2023, 9/10/2023, 11/12/2023, 19/1/2024 and 29/2/2024, the prosecution failed to examine even a single witness despite opportunities having been granted. Ultimately, on 21/3/2024, the accused submitted a voluntary statement admitting guilt. The learned trial court, after satisfying itself regarding the voluntariness of the plea and taking into consideration the attendant circumstances, namely the nature of allegations, absence of criminal antecedents, delay occasioned due to prosecution default and the possibility of reformation, recorded conviction and extended the benefit of Ss. 4 and 12 of the Probation of Offenders Act. A nominal amount of Rs.400.00towards prosecution expenses was imposed under Sec. 5 of the said Act.

(3.) Being dissatisfied with the sentence alone, the complainant preferred an appeal under the proviso to Sec. 372 Cr.P.C., which came to be registered as Criminal Appeal (CIS) No.13/2024. By the impugned judgment dtd. 19/12/2025, the learned appellate court allowed the appeal, set aside the conviction and sentence dtd. 21/3/2024 and remanded the matter to the trial court for fresh trial with a direction to record prosecution evidence.