!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CRIMNAL LEAVE TO APPEAL NO.123/2009 (State of Rajasthan Vs. Sunil) Date of order :: 30.04.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.O.P. Singaria, Public Prosecutor. In this leave to appeal, the State Government is challenging the judgment dated 26th July, 2006 rendered by the learned Additional Sessions Judge, Nathdwara in case No.43/2005 whereby the learned Judge has acquitted accused- respondent for offence under Section 411 IPC and set aside the judgment dated 29th November, 2005 passed by the learned Additional Chief Judicial Magistrate, Nathdwara in criminal case No.2/2004. The brief facts of the case are that on 27th October, 2003 an FIR was registered under Section 457 and 380 at Police Station Nathdwara. After due investigation in the said FIR, challan !! 2 !! was filed against three persons namely Rama Kand, Gajjanan and Sunl. Against non-petitioner Sunil, challan under Section 411 IPC was filed. The learned trial court after trial held Sunil guilty for offence under Section 411 IPC and convicted him for three months rigorous imprisonment alongwith a fine of Rs.500/- for the offence committed by him. Against the said judgment dated 29th November, 2005 passed by the trial court, an appeal was preferred by the non-petitioner Sunil. The said appeal was finally decided by the learned Additional Sessions Judge, Nathdwara vide its judgment dated 26th July, 2006 by which, the learned appellate court while giving benefit of doubt to non-petitioner Sunil acquitted him for the charges levelled against him for committing offence under Section 411 IPC. I have perused both the judgments passed by learned trial court as well as learned appellate court. The learned appellate court while discussing entire evidence on record come to the conclusion that prosecution has not properly !! 3 !! proved any recovery from Sunil, therefore, the learned appellate court reversed the finding of guilt against the non-petitioner Sunil while holding that the prosecution has not proved the charges levelled against the non-petitioner beyond reasonable doubt. The learned appellate court reversed the finding of trial court on cogent grounds and after considering the evidence recorded by the trial court. In my opinion, the learned appellate court has rightly arrived at with the finding that prosecution has not proved its case beyond reasonable doubt against non-petitioner Sunil for committing offence under Section 411 IPC. In this view of the matter, there is no force in this leave to appeal. Hence, this criminal leave to appeal is hereby dismissed. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-