Gujarat High Court
State Of Gujarat vs Vipul Kanaiyalal Shah Vaniya on 10 December, 2025
NEUTRAL CITATION
R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1991 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE SANJEEV J.THAKER
==========================================================
Approved for Reporting Yes No
==========================================================
STATE OF GUJARAT
Versus
VIPUL KANAIYALAL SHAH VANIYA & ORS.
==========================================================
Appearance:
MS SHRUTI PATHAK, APP for the Appellant - State
RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3,4,5
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 10/12/2025
ORAL JUDGMENT
1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 28.07.2010 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No.121 of 2009 for the offences punishable under Sections 399 and 402 of the Indian Penal Code, the appellant
- State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").
2. The prosecution case as unfolded during the trial Page 1 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined before the lower Court is that the complainant - Mr.G.V. Dulera, who was performing his duties as a Police Sub Inspector at Jamnagar City 'A' Division Police Station, Jamnagar, has received a secret information that some persons by possessing deadly weapons like sword, knife, Ganeshiyo, screwdriver and iron plier ('pakkad') have gathered at Udyognagar, Digvijay Plot, Sheri No.58, B/h. G.T. Industries, Jamnagar with clear intention to commit an offence of robbery and therefore, on he basis of said information, raid was carried out and during raid on 17.08.2009 at about 01:00 hour, present respondents who are involved in commission of offences were found in suspicious movement at the place of offence with their respective weapons like sword, knife, Ganeshiyo, screwdriver and iron plier ('pakkad'), etc., in auto-rickshaw bearing No.GTP-565. Therefore, the complaint was lodged against the respondent/s- accused.
3. After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge- sheet was filed in the competent criminal Court. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.
4. In order to bring home the charge, the prosecution Page 2 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined has examined the witnesses and also produced various documentary evidence before the trial Court, which are described in the impugned judgment.
5. After hearing both the parties and after analysis of evidence adduced by the prosecution, the learned trial Judge acquitted the accused for the offences for which they were charged, by holding that the prosecution has failed to prove the case beyond reasonable doubt.
6. Learned APP for the appellant - State has pointed out the facts of the case and having taken this Court through both, oral and documentary evidence, recorded before the learned trial Court, would submit that the learned trial Court has failed to appreciate the evidence in true sense and perspective; and that the trial Court has committed error in acquitting the accused. It is submitted that the learned trial Court ought not to have given much emphasis to the contradictions and/or omissions appearing in the evidence and ought to have given weightage to the dots that connect the accused with the offence in question. It is submitted that the learned trial Court has erroneously come to the conclusion that the prosecution has failed to prove its case. It is also submitted that the learned Judge ought to have seen that the evidence produced on record is reliable and Page 3 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined believable and it was proved beyond reasonable doubt that the accused had committed an offence in question. It is, therefore, submitted that this Court may allow this appeal by appreciating the evidence led before the learned trial Court.
7. Though served, none appears on behalf of the respondent/s.
8. I have heard the submissions made by the learned advocates for the respective parties and also gone through the oral and documentary evidence, independently and dispassionately.
8.1 The panch witnesses, who have been examined vide Exh.14 - Noormamad Osman as P.W.1 and vide Exh.16
- Dilipbhai Bhimjibhai Chavda as P.W.2, have turned hostile and have not supported the case of the prosecution. 8.2 The officer of the surveillance squad - Rajendrasinh Hemantsinh Zala, P.W.3, who has been examined vide Exh.18, has stated that he was present as a member of the surveillance squad. The said witness has not been able to give any proof that he was with the patrolling team. The police officer - Lalubha Shivubha Jadeja, who has been examined as P.W.4, vide Exh.19, has stated that he Page 4 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined received a clue/tip of the offence and thereafter, taking cognisance of the said clue/tip, he informed the same to Gordhanbhai Becharbhai Dulera, P.S.I. - the Complainant, who has been examined as P.W.5, vide Exh.21 and he was present with the police team. In his deposition, it has come on record that no patrol book has been produced by the said witness.
8.3 The only independent witness that the prosecution has examined is Mansukhbhai Jagjivan Parmar, who has been examined as P.W.6, vide Exh.23. He has not supported the case of the prosecution and has turned hostile. 8.4 The police officer, who has maintained the station diary, viz., Jivrajbhai Laxmanbhai Mavla has been examined as P.W.7, at Exh.28 and the police officer viz., Sardarsinh Hanubha Zala has been examined as P.W.8, vide Exh.30.
Vide Exh.31, Ganeshbhai Kanjibhai Shanja, who is the Investigating Officer, has been examined as P.W.9 and from his deposition, though mobile phones have been recovered from the accused, no call details have been investigated by the prosecution.
P.W.3 - Rajendrasinh Hematsinh Zala has stated that he was in a surveillance squad, but, in the cross- examination, he has stated that he has not produced any Page 5 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined evidence to show that he was a member of the patrolling team.
Lalubha Shivubha Jadeja, ASI, who has been examined as P.W.4 has also failed to prove the fact that he was a member of the patrolling team.
8.5 In the investigation report, it has not been proved that the weapon - 'Ganeshiyo' was recovered from the accused
- Vipul. The fact also remains that the police has neither recovered the rickshaw which was used at the time of offence nor are any RTO details recovered by the investigating agency. The investigating agency has also not examined any independent witnesses. The fact, that the prosecution had received a clue/tip and were patrolling, has also not been proved by the prosecution. The prosecution has also not proved the vehicle number on which they were patrolling. The prosecution has also not proved the fact that they were patrolling in view of the fact that the prosecution has not produced any patrolling book to prove the said fact. The fact also remains that there are no independent witnesses examined by the prosecution.
9. Further, learned APP is not in a position to show any evidence to take a contrary view in the matter or that the approach of the Court below is vitiated by some manifest Page 6 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined illegality or that the decision is perverse or that the Court below has ignored the material evidence on record. In above view of the matter, I am of the considered opinion that the Court below was completely justified in passing impugned judgment and order.
10. Considering the impugned judgment, the trial Court has recorded that there was no direct evidence connecting the accused with the incident and there are contradictions in the depositions of the prosecution witnesses. In absence of the direct evidence, it cannot be proved that the accused are involved in the offence. Further, the motive of the accused behind the incident is not established. The trial Court has rightly considered all the evidence on record and passed the impugned judgment. The trial Court has rightly evaluated the facts and the evidence on record.
11. It is also a settled legal position that in acquittal appeal, the appellate court is not required to re-write the judgment or to give fresh reasoning, when the reasons assigned by the Court below are found to be just and proper. Such principle is down by the Apex Court in the case of State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC 1417 wherein it is held as under:
Page 7 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025
NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined "... This court has observed in Girija Nandini Devi V. Bigendra Nandini Chaudhary (1967)1 SCR 93:
(AIR 1967 SC 1124) that it is not the duty of the appellate court when it agrees with the view of the trial court on the evidence to repeat the narration of the evidence or to reiterate the reasons given by the trial court expression of general agreement with the reasons given by the Court the decision of which is under appeal, will ordinarily suffice."
12. Thus, in case the appellate court agrees with the reasons and the opinion given by the lower court, then the discussion of evidence at length is not necessary.
13. In the case of Ram Kumar v. State of Haryana, reported in AIR 1995 SC 280, Supreme Court has held as under:
"The powers of the High Court in an appeal from order of acquittal to reassess the evidence and reach its own conclusions under Sections 378 and 379, Cr.P.C. are as extensive as in any appeal against the order of conviction. But as a rule of prudence, it is desirable that the High Court should give proper weight and consideration to the view of the Trial Court with regard to the credibility of the Page 8 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined witness, the presumption of innocence in favour of the accused, the right of the accused to the benefit of any doubt and the slowness of appellate Court in justifying a finding of fact arrived at by a Judge who had the advantage of seeing the witness. It is settled law that if the main grounds on which the lower Court has based its order acquitting the accused are reasonable and plausible, and the same cannot entirely and effectively be dislodged or demolished, the High Court should not disturb the order of acquittal."
14. As observed by the Hon'ble Supreme Court in the case of Rajesh Singh & Others vs. State of Uttar Pradesh reported in (2011) 11 SCC 444 and in the case of Bhaiyamiyan Alias Jardar Khan and Another vs. State of Madhya Pradesh reported in (2011) 6 SCC 394, while dealing with the judgment of acquittal, unless reasoning by the trial Court is found to be perverse, the acquittal cannot be upset. It is further observed that High Court's interference in such appeal in somewhat circumscribed and if the view taken by the trial Court is possible on the evidence, the High Court should stay its hands and not interfere in the matter in the belief that if it had been the trial Court, it might have taken a different view.
Page 9 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025
NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined
15. In the case of Chandrappa v. State of Karnataka, reported in (2007) 4 SCC 415, the Hon'ble Apex Court has observed as under:
"42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge:
(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
(2) The Criminal Procedure Code, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law.
(3) Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own Page 10 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined conclusion.
(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court."
16. Considering the aforesaid facts and circumstances of the case and law laid down by the Hon'ble Supreme Court while considering the scope of appeal under Section 378 of the Code of Criminal Procedure, 1973 no case is made out to interfere with the impugned judgment and order of acquittal.
17. In view of above facts and circumstances of the case, on my careful re-appreciation of the entire evidence, I found that there is no infirmity or irregularity in the Page 11 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025 NEUTRAL CITATION R/CR.A/1991/2010 JUDGMENT DATED: 10/12/2025 undefined findings of fact recorded by learned trial Court and under the circumstances, the learned trial Court has rightly acquitted the respondent/s - accused for the elaborate reasons stated in the impugned judgment and I also endorse the view/finding of the learned trial Court leading to the acquittal.
18. In view of the above and for the reasons stated above, the present Criminal Appeal fails to prove its case and the same deserves to be dismissed and is dismissed, accordingly. Record & Proceedings be remitted to the concerned trial Court forthwith.
(SANJEEV J.THAKER,J) M.H. DAVE Page 12 of 12 Uploaded by M.H. DAVE(HC00193) on Wed Dec 10 2025 Downloaded on : Wed Dec 17 21:15:49 IST 2025