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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG
Anju D/o Sh. Roshan Lal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
Instant revision petition has been filed by the petitioner/complainant against judgment and order dated 23.01.2023 passed by the learned Sessions Judge, Chittorgarh, in Cr. Appeal No.01/2022 whereby, the learned appellate court partly allowed the appeal filed by the accused-respondents No.2 to 4 and modified the judgment and order of conviction dated 20.12.2021, passed by the learned Chief Judicial Magistrate, Chittorgarh in Regular Cr. Case No.1436/2018. The learned appellate court by its order acquitted the accused-respondents No.3 & 4, Sandeep & Jagdish Chandra, from offence under Section 498A IPC and while maintaining the conviction of accused-respondent No.2 Pankaj for offence under Section 498A IPC, set aside his sentence and instead gave him the benefit of probation under Section 4 of Probation of Offenders Act and directed him to pay Rs.5,000/- as compensation to the petitioner/complainant.
2. Briefly stated, the prosecution case as set up is that 04.04.2018, the petitioner/complainant submitted a written report before the concerned Police Station to the effect that her marriage was solemnized with the accused-respondent No.2 Pankaj on 30.04.2
The court upheld the principles of justice by balancing conviction with rehabilitative measures in domestic cases, emphasizing evidence evaluation.
Revisional courts must ensure substantial justice; lack of specific evidence in dowry cases warrants setting aside conviction under Section 498A.
Petitioner acquitted of charges under Section 498A IPC due to insufficient evidence of cruelty, demonstrating the High Court's role in correcting procedural misjudgments.
The court affirmed that minor discrepancies in evidence do not invalidate a conviction under Section 498-A IPC, emphasizing the limited scope of revisional jurisdiction.
The presumption of innocence in acquittals is reinforced, and revisional jurisdiction should only be exercised in exceptional cases of manifest illegality or gross miscarriage of justice.
The court established that the application of the Probation of Offenders Act must consider the nature of the offence and that procedural requirements, such as obtaining a probation officer's report, ....
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