Abhishek VS State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SAMEER JAIN
Abhishek – Appellant
Versus
State of Rajasthan – Respondent

Counsel for the Parties:
For the Appellants:Mr. V. R. Bajwa, Senior Advocate with Mr. Sandeep Jain and Ms. Savita Nathawat, Advocates
For the Respondents: Mr. G. S. Rathore, GA cum AAG with Mr. S. S. Mehla, PP, Ms. Kirti Vardhan Singh Rathore, Mr. Bharat Singh, ASP, CID(CB) Ajmer, Dr. Rajesh Kumar, Dr. Om Narayan Meena, Dr. Yogendra Chopra, Mr. Mohit Balwada, Mr. Umashanker Pandey

ORDER

The instant criminal appeal has been filed under Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on behalf of the accused-appellants. The accused-appellants were arrested in connection with FIR No. 168/2023 registered at Police Station Peeplu, District Tonk for the offense under Sections 147, 148, 149,302 and 201 of IPC and 3(2)(v), 3(2)(va) of the SC/ST Act.

2. Learned Senior Counsel, Mr. V.R. Bajwa, appearing on behalf of the accused-appellants, has submitted as under:-

2.1 That the FIR was registered with a delay i.e. three days after the date of the incident. In this regard, it was averred that the FIR was registered on 29.06.2023 whereas, the alleged incident is stated to have occurred on 27.06.2023 at 10:00PM.

2.2 That despite due knowledge, the said delay of three days was not adequately explained by the complainant-Pintu, who happens to be the brother of the deceased.

2.3 That the accused-appellants are young students aged 20 and 23 years, with no criminal antecedents whatsoever. They are merely employees of the MRS Group/lease holder, tasked with the duty to protect and safeguard the river bed from illegal mining of sand/b