The High Court dismissed the Criminal Leave to Appeal preferred by the State against an acquittal. The appeal was rejected due to failure to cure registry defects and because the lower court's acquittal was not found perverse.
Application for grant of leave to appeal dismissed on merits and for non-curing of defects.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Leave To Appeal No. 540 / 2016
State of Rajasthan
----Appellant
Versus
Bharo Singh
----Respondent
For Appellant(s) : Mr. N.S. Dhakad, Public Prosecutor For Respondent(s) : None present
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
13/12/2017
On 13.09.2017 two week’s time was granted to the State/ appellant to cure the defects pointed out by the Registry. Needful was not done. Again on 05.10.2017 one week’s time was granted to the State/appellant to remove the defects, still the defects were not cured. Again on 25.10.2017 two week’s time was granted, still no remedial measures were taken. Again on 10.11.2017 four week’s time was granted to remove the defects. Nothing has been done till today.
Thus, overlooking the defects, pointed out by the Registry, the present application for grant of leave to appeal is taken on the Board.
Instant application for grant of leave to appeal has been preferred in order to assail the impugned judgment dated 08.08.2016 rendered by the Court of Special Judge, (Dacoity Affected Area), Dholpur.
The said Court, vide its impugned judgment dated 08.08.2016, acquitted accused-respondent of offences punishable under Sections 399 and 402 of the Indian Penal Code and under Section 3/25
(2 of 2)
[CRLLA-540/2016]
of the Arms Act.
The case of the prosecution is that the Investigating Officer, after receiving information from the special informant constituted a team and proceeded towards Babu Maharaj Temple, where he heard that few persons were whispering that they shall commit a dacoity.
The ld. trial Judge took into consideration the site-plan and held that it is improbable that at a distance of 50-60 steps, the Investigating Officer will be able to hear what was being whispered by the accused. The ld. trial Court appreciated the evidence and the documents relied by the prosecution and held the story of the prosecution to be doubtful. The ld. trial Court even held the recovery of the weapon to be doubtful.
The view formulated by the ld. trial Court is based on appreciation of the evidence.
No infirmity or irregularity is discernible. The impugned judgment is neither perfunctory nor perverse. No interference is warranted.
Consequently, the present application for grant of leave to appeal is dismissed, for not curing the defects, inspite of numerous opportunities afforded and also on merits.
(KANWALJIT SINGH AHLUWALIA)J.
ashok
2 issues framed by the court
Whether leave to appeal should be granted in a CrLLA preferred without cure of defects despite multiple adjournments.
Whether the impugned acquittal judgment by the trial court is perverse or requires interference on merits.
State of Rajasthan
Bharo Singh
Kanwaling Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
