Shiv Singh vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Instant Cr. Leave to Appeal has been filed by the appellant under Section 372(2) Cr.P.C. against the judgment dated 17.07.2018, passed by learned Additional Sessions Judge, (Women Atrocities Cases), Bhilwara in Sessions Case No.28/2014, whereby learned trial court acquitted the accused-respondents No.2 to 4 from the offences under Section 376, 306 R/w 120B IPC.

By the impugned judgment dated 17.07.2018, the learned trial court has convicted the accused Ajeet Singh for offences under Sections 376 & 306 IPC and sentenced him to life imprisonment. Against his conviction, accused Ajeet Singh had filed a DB Cr. Appeal No.158/2018, which was allowed by the Hon’ble Division Bench vide judgment dated 31.08.2022 and impugned judgment dated 17.07.2018 passed by the trial court was set aside and the accused Ajeet Singh was acquitted from the charges levelled against him under Sections 376 & 306 IPC.

A Special Leave Petition was filed against the judgment of the Hon’ble Division Bench dated 31.08.2022 before the Hon’ble Supreme Court, which too was dismissed.

Even on perusal of the impugned judgment, it appears that the learned trial court while passing the impugned judgment has considered each and every aspect of the matter and also considered the evidence produced before its in its right perspective. The prosecution has failed to prove its case against the accused-respondents No.2 to 4 beyond all reasonable doubts and thus, the trial court has rightly acquitted the accused-respondents No.2 to 4 from offences under Sections 376, 306 R/w 120B IPC.

In view of above, the present criminal leave to appeal has no substance and the same is hereby dismissed.

Record, if received, be sent back forthwith.