VIJAY BISHNOI,J. - (1.) This criminal leave to appeal has been filed by the appellant - State seeking leave to file appeal against the judgment dated 29.8.2014 passed by the Addl. Sessions Judge No. 1, Bikaner (for short 'the trial court') in Criminal Original Case No. 113/2013, whereby the trial court has acquitted the accused respondent for the offences punishable under Sections 376 and 306 I.P.C.
(2.) Learned Public Prosecutor has submitted that from the 'parcha-bayan' of the deceased Vimla (Ex.P/23), it is clear that the allegations of commission of rape and abatement to commit suicide are proved against the accused respondent. It is argued that Onad Singh (PW-12), the then Sub Inspector of the Police Station Sadar, Bikaner in his court statement has verified that 'parcha-bayan' of deceased Vimla was recorded by him. It is further argued that Dr. Gajendra Saxena (PW-8) in his court statement has stated that before recording of the statement of deceased Vimla, he has given a certificate that she is fit to give her statement. Learned Public Prosecutor has therefore submitted that the trial court has erred in not placing reliance on the said piece of evidence and has also erred in acquitting the accused respondent from the offences punishable under Sections 376 and 306 I.P.C.
(3.) Learned Public Prosecutor has therefore argued that it is a fit case, wherein leave be granted to file appeal against the impugned judgment.;