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The State Of Rajasthan vs Sanjay Sharma on 3 August, 2017

Bench: N.V. Ramana, Prafulla C. Pant

                                                  1

                                   IN THE SUPREME COURT OF INDIA
                                  CRIMINAL APPELLATTE JURISDICTION


                                   CRIMINAL APPEAL NO. 1315   OF   2010


     State of Rajasthan                                               …Appellant(s)

                                                Versus

     Sanjay Sharma and Anr.                                          …Respondent(s)


                                               ORDER

Even on the second call, none appeared on behalf of the appellant-State of Rajasthan as well as on behalf of the Respondents.

We, ourselves, have perused the impugned judgment, dated 10.08.2007, passed by the High Court of Judicature for Rajasthan in S.B. Criminal Appeal No. 172 of 1988, whereby the High Court while allowing the respondent’s appeal, set aside the conviction and sentence awarded by the Additional Sessions Judge No. 1, Jodhpur by his judgment, dated 27.04.1988, and acquitted them of all the charges leveled against them. We have also perused the other materials placed before us.

Digitally signed by SUKHBIR PAUL KAUR Date: 2017.08.21 12:01:22 PKT Reason:  2 It is to be noted that the High Court has rightly acquitted the respondents because of the fact that the prosecuterix has not been able to identify her own clothes and the report of the State Forensic Science Laboratory states that there was no semen detected in the vaginal swab and smear. Additionally from the evidence available on record, it can be seen that, the allegation of prosecuterix's abduction against her consent could not be established beyond reasonable doubts. In light of the above, we see no reason to interfere with the judgment passed by the High Court.

The appeal is, accordingly, dismissed.

.............................. .J. (N. V. RAMANA) .............................. .J. (PRAFULLA C. PANT) New Delhi, Dated : August 03, 2017  3 ITEM NO.107 COURT NO.10 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1315/2010 STATE OF RAJASTHAN Appellant(s) VERSUS SANJAY SHARMA & ANR. Respondent(s) Date : 03-08-2017 This appeal was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. Milind Kumar, AOR (Not present) For Respondent(s) Mr. Mohan Pandey, AOR (Not present) The Court made the following O R D E R Even on the second call, none appeared on behalf of the appellant-State of Rajasthan as well as on behalf of the Respondents.

The appeal is dismissed in terms of the signed order. Pending applications, if any, stand disposed of.

(SUKHBIR PAUL KAUR)                         (S. SIVARAMAKRISHNA)
    AR CUM PS                                  ASST.REGISTRAR

(Signed order is placed on the file)