Rajasthan High Court - Jodhpur
Smt Soni Devi vs State on 25 September, 2018
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Appeal No. 454/2018
Smt Soni Devi
----Appellant
Versus
State & Anr.
----Respondent
For Appellant(s) : Mr. Kuldeep Purohit
For Respondent(s) : Mr. O.P. Rathi, P.P.
Mr. Vishal Sharma, for respondent
No.2
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 25/09/2018 Mr. Vishal Sharma puts in appearance on behalf of respondent No.2.
Learned counsel for the appellant has submitted that there is no iota of evidence available on record to suggest that appellant was involved in commission of any crime. It is submitted that trial court has ordered for framing charges against the appellant for the offences punishable under Sections 118 and 212 IPC but the police have not collected any evidence to suggest that the appellant in any manner has concealed the information of commission of offence punishable with the imprisonment of life by the co-accused or haboured offenders. In the absence of such evidence, the trial court has grossly erred in framing charges against the appellant for the offences punishable under Sections 118 and 212 IPC.
(2 of 2) [CRLAS-454/2018] Per contra, learned Public Prosecutor and counsel for the respondent No.2 have vehemently opposed this criminal appeal and argued that appellant has given information under Section 27 of the Evidence Act to the police and has identified the place where she has thrown the mobile of deceased Sardar in a pond of Merta City along with her son-Vikas. It is also submitted that on the basis of the said information mobile of Sardar was recovered from the said pond by the police and from this evidence, it is clear that the appellant has committed the offence punishable under Sections 118 and 212 IPC.
After hearing the learned counsel for the appellant and after going through the charge-sheet, this Court is of the opinion that the matter requires consideration.
Admit. No need to issue notices as the parties are already represented through their counsel.
Heard on stay petition.
The interim order passed by this Court on 02.08.2018 is hereby confirmed till the final disposal of the appeal and the trial against the appellant in Sessions Case No.01/2016 pending in the Court of Special Judge SC/ST (P.A.) Cases, Merta City shall remain stayed.
It is made clear that trial against the co-accused persons Sanjay and Vikas shall continue.
(VIJAY BISHNOI),J Taruna Powered by TCPDF (www.tcpdf.org)