Dismissed

Smt. Sunita Wife of Shri Sunil Kumar Daughter of Shri Bajranglal , v. Sunil Kumar Son of Shri Ramchandra

Rajasthan HC29 Jul 2024CRLR/317/2022

Case brief

AI extract

What is this about?

Bench dismissed criminal revision petition challenging acquittal. Court held no patent perversity in lower courts' findings regarding Sections 498-A and 406 IPC. Revisional jurisdiction limited; petition lacking merit.

What the court decided

AI extract

Smt. Sunita Wife of Shri Sunil Kumar… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JP:32009]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 317/2022

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Smt. Sunita Wife Of Shri Sunil Kumar Daughter Of Shri Bajranglal, Resident Of Malpura, Police Station Chirawa, Presently Residing At Kishorepura, Police Station Chirawa, District Jhunjhunu (Rajasthna)

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----Petitioner

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Versus

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Sunil Kumar Son Of Shri Ramchandra, Resident Of Malpura, Police Station Chirawa, District Jhunjhunu (Rajasthan)

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State Of Rajasthan, Through P.p

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----Respondents

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For Petitioner(s)	: Mr. Akhil Dadhich for
	Mr. Amit Singh Shekhawat
For Respondent(s)	: Mr. Prashant Sharma-PP
	Mr. Deepak Sharma

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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29/07/2024

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This criminal revision petition is preferred against the order dated 16.12.2021 passed by learned Sessions Judge, Jhunjhunu in criminal appeal No.32/2021 whereby criminal appeal of petitioner challenging the order of acquittal passed by the learned Court below under Sections 498-A & 406 was dismissed.

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It is averred in the petition that the learned Courts below did not properly appreciate the evidence on record and wrongly acquitted the respondent No.2 under Sections 498-A & 406 of the IPC.

[2024:RJ-JP:32009]

[CRLR-317/2022]

(2 of 2)

I have gone through the orders passed by the learned Courts below.

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Learned trial Court vide order dated 17.02.2021 acquitted the respondent No.2 under Sections 498-A & 406 of the IPC citing reasons that the evidence of the petitioner is not reliable and contradictory. It is also mentioned in the impugned order that there is no evidence to the fact that respondent committed any breach of trust. The said order was challenged before the learned Appellate and Appellate Court vide its order dated 16.12.2021 concurred with the findings arrived at by the learned trial Court.

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It is settled law that the scope of revision is very limited and Court can re-appreciate the evidence on the grounds when there is patent perversity in the findings.

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I do not find any perversity in the findings arrived at by the learned Courts below.

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Hence, the present criminal revision petition is devoid of any merit and the same is accordingly dismissed.

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Pending application(s), if any also stands disposed.

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(PRAVEER BHATNAGAR),J

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386-Rahul Joshi

Smt. Sunita Wife of Shri Sunil Kumar Daughter of Shri Bajranglal , v. Sunil Kumar Son of Shri Ramchandra

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What the court decided

Smt. Sunita Wife of Shri Sunil Kumar Daughter of Shri Bajranglal , v. Sunil Kumar Son of Shri Ramchandra

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