1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Leave to Appeal No.130 of 2009. State of Rajasthan VERSUS Manoj Mishra son of Shri Ramakant Date of Order :::: 17/12/2009 Hon'ble Mr. Justice Dalip Singh Mr. Sanjeev Kr. Mahla, Public Prosecutor for the State. Mr. G.D. Parwal and Mr. Rahul Ghiya, Counsel for the respondent *** BY THE COURT : Heard learned counsel for the State as well as the learned counsel for the respondent. Perused the judgment of the learned Court below, whereby the learned Court below has acquitted the accused of the offences under Sections 341, 323 and 325, I.P.C. The learned Court below has found that there is no independent corroboration of the testimony of the injured – Chetan and the prosecution-witnesses have stated in the Court that Chetan received the injuries due to a fall while playing. The learned Court below has given the benefit of doubt to the accused relying upon the testimony of the 2 prosecution-witnesses, who have explained the manner in which the injured received the injuries. Even, the Principal of the School PW-5 – Bijendra Kumar has not supported the prosecution case. The absence of the medical record or any evidence to the effect that the injured was admitted to the hospital as a result of the injury also has been taken as circumstances against the prosecution case. In the facts and circumstance, it was open for the learned trial Court to take either of the two views and the view taken in favour of the accused cannot be said to be perverse or improbable. In the facts and circumstance, I find no good ground to interfere. The leave to appeal application is hereby dismissed. (Dalip Singh), J. ashok/