Rajasthan High Court - Jodhpur
State vs Pawan @ Pappu on 13 May, 2022
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 236/2021
State, Through Pp
----Appellant
Versus
Pawan @ Pappu S/o Rajkumar Meghwal, Aged About 36 Years,
Sulkhniya Bada, P.s. Hamirwas, Dist. Churu.
----Respondent
For Appellant(s) : Mr. Arun Kumar, PP
For Respondent(s) : Mr. Shashi Shekhar Patel
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 13/05/2022 Learned PP submits that Pawan @ Pappu has been wrongly acquitted even when he was with main accused-Suresh.
Learned PP also submits that complete allegation by the prosecutrix were upon Suresh and the present respondent was accompanying him.
Counsel for the respondent submits that the narration of statement recorded under Section 161 & 164 Cr. P.C., is absolutely clear indicating offence upon Suresh, although, subsequently a story was developed levelling allegations against present respondent also.
This Court after hearing counsel for the parties and perusing record is of the opinion that once statements under Section 161 & 164 Cr. P.C., are consistent in not alleging any act upon the present respondent except for that the present respondent accompanied them is a doubt, which is sufficient to hold (Downloaded on 18/05/2022 at 08:12:30 PM) (2 of 2) [CRLLA-236/2021] acquittal of present-respondent lawful. The FSL Report also supports conviction of Suresh only.
Thus, no interference is made out. The leave to appeal is dismissed.
(DR.PUSHPENDRA SINGH BHATI), J.
73-Sanjay/-
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