High CourtsSINGLE BENCH(2017) 12 RAJ CK 0007

Manoj S/o Shri Patram B/c Jatav vs State of Rajasthan

Rajasthan High Court · Decided on 1 December 2017

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia
RESULT
Dismissed
CASE NUMBER
1925 of 2017

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Judgment

3 paragraphs · 177 words
1.

Overlooking defects pointed out by the Registry, I have heard the learned counsel for the applicant, even though no application for leave to appeal has been filed.

2.

In Para 33 of the impugned judgment, the trial Judge returned finding that the prosecution failed to examine doctor who had conducted medico-legal examination of the injured. Thus, the trial court came to conclusion that the injury report of the injured witness has not been proved. Thus, there is no evidence on record that injuries were suffered by the complainant. The trial Judge further came to conclusion that independent witnesses examined by the prosecution regarding use of derogatory words pertaining to caste of the complainant have turned hostile to the prosecution.

3.

The reasoning given by the trial Judge cannot be termed perverse. The view formulated by the trial Judge after appreciation of evidence is possible on the facts and circumstances of the case. Hence, no interference is warranted and the present appeal after being treated as application for leave to appeal being devoid of merit is dismissed.