The Rajasthan High Court at Jodhpur dismissed a criminal appeal under Section 372 Cr.P.C. challenging a judgment that acquitted the appellant of criminal trespass, holding the trial court's finding on land possession correct and requiring no interference.
The appeal claiming to set aside the acquittal and punish the accused was dismissed.
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 AT JODHPUR
S.B. Criminal Appeal No. 902/2019
Kanaram S/o Jetha Ram, Aged About 33 Years, B/c Jat, R/o Rohi Dandusar, Tehsil And District Bikaner
----Appellant
Versus
----Respondents
For Appellant(s) : None present For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/07/2022
This criminal appeal under Section 372 Cr.P.C. has been
preferred claiming the following relief:
“It is therefore, humbly prayed that the appeal may kindly be allowed and impugned judgment dated 19.01.2019 passed by the learned Village Court, Bikaner in criminal case No.154/2017 state of Rajasthan Vs. Ramdev & Anr may kindly be set aside and all the accused punished to alleged offence u/s 447, 34 of the IPC.
Any other appropriate order or direction which is in favour of the appellant may be granted.”
The learned trial court has recorded a well reasoned order regarding the criminal trespass not having been made out. The investigating officer and the defence have proved that they were
(2 of 2)
[CRLAS-902/2019]
in long time possession of the land in question, and thus, the criminal trespass prima-facie was not made out.
The story of the criminal trespass on 10.06.2017 at 2:00 am in field Chak 433 RD at Rohi Dandusar, District Bikaner has not been found to be correct.
In view of the above, no interference is called for in the present criminal appeal and the same is accordingly dismissed. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
56-Zeeshan
2 issues framed by the court
Whether the high court should interfere with the impugned judgment dismissing the charges of criminal trespass in a special criminal appeal under Section 372 Cr.P.C.
Whether the trial court was correct in finding that the prima facie case for criminal trespass was not made out due to the accused's possession of the land.
3 provisions across 2 enactments
Kanaram
State Of Rajasthan
Ramdev
Keshudan
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
