Shoukat vs State of Rajasthan - 2022 Supreme(Raj) 683

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 683

PUSHPENDRA SINGH BHATI
Shoukat – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared:
For the Appellant : Mr. Yogita Mohnani.
For the Respondent: Mr. M.S. Bhati, P.P.

ORDER :

1. In the 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 the Court, for the safety of all concerned.

2. This Criminal Appeal has been preferred under Section 374(2) Cr.P.C. praying for the following reliefs:-

“It is, therefore, prayed that this Hon’ble Court will be pleased to send for the record of the lower court, peruse the same and after perusal, quash the conviction and sentences passed against the appellants, acquit them or pass any other orders that this Hon’ble court deems fit and proper.”

3. The matter pertains to an incident that occurred in the year 1986 and the present appeal has been pending since 1993.

4. Vide impugned judgment dated 30.09.1993, the learned Additional Sessions Judge, Sojat, Pali passed in Sessions Case No.44/92 (36/1987) though, while extending the benefit of doubt, acquitted the accused-appellants for the offence under Section 376 IPC, but convicted them for the offence under Section 366 IPC and sentenced them to undergo two years simple imprisonment, alongwith a fine of Rs.500/-, default in payment of which they were to further under