JUDGMENT

1. The State of Rajasthan has preferred the instant application under Section 378 (iii) and (i) CrPC seeking leave to file an appeal against the judgment dated 14.09.2016 passed by the learned Sessions Judge, Jodhpur Metropolitan in Sessions Case No.74/2014, whereby the respondent Prakash S/o late Mr. Mula Ram was acquitted from the charges under Section 302 and 201 read with Section 302 IPC.

2. We have heard and considered the submissions advanced by the learned Public Prosecutor and the learned Amicus Curiae Mr. Vinod Sharma and have gone through the impugned judgment.

3. We find that the entire prosecution case is based purely on circumstantial evidence. Deceased Prakash, aged about 8- 9 years, deceased son of the first informant Shrawan, went missing from his house located at Jhopadpatti Sector 9, Near Baba Ramdev Temple, Sangaria, Police Station Kudi Bhagtasni about 5 days before the date of lodging of the report, i.e. 14.05.2014. The first informant alleged that the accused respondent Prakash, being his cousin (Bua ka ladka) had hurled an insinuation that his son Prakash would not be traced out and that he should abandon his hopes. The first informant received an info