Rajesh Das vs State of Jharkhand - 2022 Supreme(Jhk) 313

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2022 Supreme(Jhk) 313

DEEPAK ROSHAN
Rajesh Das – Appellant
Versus
State of Jharkhand – Respondent

Advocates Appeared:
For the Petitioner: Mr. Nilendu Kumar.
For the State : Mr. Arup Kr. Dey, A.P.P.
For the Opp. Parties : Mr. Jitendra Shankar Singh, Mr. S.K. Deo.

JUDGMENT :

Heard learned counsel for the parties.

2. The instant criminal revision application is directed against the judgment dated 19th June, 2004, passed by the learned Additional Sessions Judge, Fast Track Court No.2, Deoghar, whereby in Sessions Case No. 196 of 1998, opposite party Nos. 2 to 5 were acquitted from the charges levelled against them under Sections 363, 366A, 368 and 120 (B) of the Indian Penal Code.

3. The instant application has a chequered history. Initially the petitioner preferred instant application against the judgment of acquittal on 05.08.2004 before this Court. Subsequently, by order dated 19.02.2007 this Court remitted the case to the trial court by setting aside the impugned order of acquittal.

Relevant portion of the order passed by this Court dated 19.02.2007 is quoted herein below:

“ …Accordingly, without giving any specific finding on the evidence on record, the matter is being remitted to the Trial Court by setting aside the Impugned order with a direction to the Trial Court to consider the materials and evidence on record afresh in its right perspective and pass a fresh Judgment in accordance with law after hearing the parties on the basis of the mat