In Criminal Revision Petition No. 124/2021, the High Court of Rajasthan at Jodhpur dismissed the petition challenging acquittals and an affirmed appeal conviction in a criminal regular case, holding the presumption of innocence strengthened by lower courts' findings.
The criminal revision petition is dismissed. The record to be sent back forthwith.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 124/2021
Nora Devi W/o Banwari Lal, Aged About 58 Years, By Caste Meghwal, R/o Goluwala, Tehsil Pilibanga, Distt. Hanumangarh (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Kriti Pareek Mr. N.L. Joshi For Respondent(s) : Mr. Javed Gouri – PP Mr. Aditya Singh for Mr. L.S. Jodha for complainant
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/12/2022
The legality, correctness and propriety of the judgment of acquittal dated 27.09.2017 passed by the Additional Chief Judicial Magistrate, Hanumangarh in Criminal Regular Case No. 1111/2016 as well as the judgment dated 17.12.2020 in the appeal passed by the Additional District & Sessions Judge No.2, Hanumangarh has been challenged by way of filing instant criminal revision petition.
Heard learned counsel for the parties and perused the record.
(2 of 2)
[CRLR-124/2021]
After threadbare discussion of the evidence adduced on behalf of prosecution, the learned trial court acquitted the accused-respondents from the charges levelled against them. Cogent, plausible and valid reasons have been assigned for reaching on the conclusion of not guilty.
An appeal preferred against the judgment of acquittal has been dealt with by the learned Additional Sessions Judge and the matter was re-appreciated and after meticulous examination of the matter, the learned appellate court affirmed the finding of acquittal.
There is a concurrent finding of two courts below. The presumption of innocence, which was already existing in favour of the accused-respondents has further been strengthened by the judgment of acquittal passed by a court of competent jurisdiction and affirmed by the court appellate court. There is no force in the revision petition and the same deserves to be dismissed.
The criminal revision petition is dismissed accordingly. The record be sent back forthwith.
(FARJAND ALI),J
190-AK Chouhan/-
Nora Devi
State Of Rajasthan
Manaram
Jasram
Farjand Ali
As recorded by the court registry
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