STATE OF RAJASTHAN Vs. MANISH & ORS

JUDGEMENT

(1.) By way of this application under Section 378(i) & (iii) Cr.P.C. of the Rajasthan has approached this Court craving leave to file an appeal against the judgment dated 31.01.2017 passed by learned Addl. Sessions Judge No. 3, Chittorgarh in Sessions Case No. 46/2013 whereby the respondents were acquitted from the charges under Sections 147, 323, 308 and 365 read with Section 149 IPC.

(2.) I have heard and considered the arguments advanced by learned Public Prosecutor and perused the impugned judgment as well as the record.

(3.) Succinctly stated the facts of the case relevant for disposal of the application for leave to appeal are that the complainant Rahul Vyas, while being admitted at Tiwari Hospital, Chittorgarh lodged a written report before the S.H.O. P.S. Chanderiya District Chittorgarh on 28.09.2009 at 5 P.M. alleging inter alia that on the previous night, he had started from Chittorgarh and was proceeding to Udaipur. A man named Himanshu and another boy whose name the complainant did not know accompanied him in the car. When they reached near Mangalwad at about 7.30 P.M., the complainant started feeling unwell and thus they returned back. They reached near Inani Farm House at about 1-1.30 in the night a white Scorpio car came from Chittorgarh and blocked the way of complainant's car. Respondents accused were sitting inside the said Scorpio vehicle. The complainant was pulled down from his car and was assaulted by iron and aluminum pipes. Thereafter he was forcibly abducted and taken away in the vehicle of Manish and was beaten inside the car as well. His mobile phone, cash to the tune of Rs. 4000/- and a gold ring fell down at the spot. He was taken to the office of Manish where 3-4 unknown persons came. They too assaulted him. He was forced into a Swift car and was abandoned in a badly injured condition outside Nehru Park. At about 3 a.m. he somehow managed to stop an auto-rickshaw and went to his home. Nobody was in his house. In the morning Kunal, Ajay Tiwari and Ashutosh took him to Tiwari Hospital and got him admitted. On the basis of this report, an F.I.R. No. 332/2009 was registered at P.S. Chanderiya and investigation commenced. After investigation charge sheet was filed against the accused respondents for the above offences. The trial court framed charges against them in the same terms. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 7 witnesses in support of its case. The accused claimed that they had been falsely implicated in their statement recorded under Section 313 Cr.P.C. but they did not choose to lead any evidence in defence. The trial court, upon appreciating the evidence available on record came to the conclusion that the respondents had been falsely implicated in this case. For reaching to this conclusion the trial court placed implicit reliance on documents exhibited by the defence including the F.I.R. No. 683/2009 lodged by a constable Mahendra Singh at P.S. Chanderiya on 27.09.2009 at 11 P.M. against the complainant and his companion Himanshu. It was mentioned in the F.I.R. that these two persons accompanied by 8-10 other unknown people waylaid the constable and assaulted him with fists, kicks and empty liquor bottles due to which he received numerous injuries. The said F.I.R. was proved by defence as Ex.D-1, the charge-sheet as Ex.D-2 and the judgment passed by the learned Judicial Magistrate after trial of the case as Ex.D-3. The complainant and his companion were convicted for the incident and were released on probation. Considering the fact that the complainant was found involved in an incident of assaulting a police constable at 8.30 P.M. in Chittorgarh town itself, the story set up by him in the belated F.I.R. that the accused waylaid him on Chittorgarh-Udaipur highway and caused him large number of injuries after abducting him apparently stood falsified on the face of record. Considering these facts, this Court is of the opinion that the trial court appreciated the evidence available on record in an absolutely just and apropos manner while reaching to a finding of innocence in favour the respondents. The impugned judgment does not suffer from any illegality, irregularity or perversity warranting interference therein. Hence, I am not inclined to grant leave to the State of Rajasthan for filing an appeal thereagainst.