Sarwan vs State - 2022 Supreme(Raj) 524

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 524

Sarwan – Appellant
Versus
State – Respondent

Advocates Appeared:
For the Appellant : Mr. I.R. Choudhary.
For the Respondent: Mr. M.S. Bhati, P.P.

ORDER :

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. The present criminal appeal under Section 374(2) has been preferred claiming the following relief :

“It is, therefore, respectfully prayed that this appeal may kindly be allowed and the accused-appellant may be acquitted of all the charges levelled against him.”

3. The matter pertains to an incident which occurred in the year 1991 and the present appeal has been pending since the year 1993.

4. Vide impugned judgment dated 20.08.1993, the learned Sessions Judge, Churu in Criminal Case No.154/92 though acquitted the accused-appellant for the offence under Section 376 IPC, but convicted him for the offences under Sections 448, 376/511 IPC and for the offence under Section 376/511, he was sentenced to undergo two years’ R.I., along with a fine of Rs. 500/-, in default of payment of which he was to further undergo one month’s R.I.; for the offence under Section 448 IPC, he was sentenced to undergo one month’s R.I., alongwith a fine of Rs.100/-, in default of payment of which, he