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2025 Supreme(Raj) 2448

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PRAVEER BHATNAGAR
Ram Kishan S/o Shri Jutha Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Dharamveer Tholia
For the Respondents: N.A. Naqvi, Hakim Ali, Shree Ram Dhakar

JUDGMENT :

PRAVEER BHATNAGAR

1. These matters arises out of a common judgment and are being decided by this common order.

2. These matters pertain to an incident that occurred in the year 2004, and the present criminal appeal and revision petition are pending since the year 2005.

3. The instant appeal filed by the appellant- Kamal Tanwar, under Section 374 of the Code of Criminal Procedure, 1973, has been preferred against the judgment dated 09.11.2005 (in short, "impugned judgment") passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur (hereinafter “Trial Court”) in Sessions Case No. 51/2005, whereby the learned Trial Court convicted and sentenced the accused–appellant under Section 363 Indian Penal Code, 1860 (in short, " IPC ") for three years’ simple imprisonment along with a fine of Rs.5,000/–, and in default of payment of fine, to further undergo six months’ simple imprisonment.

4. Whereas, the instant revision petition has been preferred by the petitioner- Ram Kishan under Section 397 read with Section 401 of Cr.P.C, against the impugned judgment, whereby the accused has been acquitted for the offence under Section 376 and 366 of IPC , praying fo

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