State Of Gujarat vs Jay Jayeshbhai Panchal
2021 Latest Caselaw 13308 Guj

     R/CR.MA/11544/2021                            ORDER DATED: 02/09/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 11544 of 2021
                  In R/CRIMINAL APPEAL NO. 899 of 2021

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                             STATE OF GUJARAT
                                   Versus
                          JAY JAYESHBHAI PANCHAL
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Appearance:
MS JIRGA JHAVERI APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                            Date : 02/09/2021
                             ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

This is an application moved by the State seeking leave to prefer an appeal against the judgment and order of acquittal passed by the learned Additional Sessions Judge & Special Judge (Atrocities), Kheda at Nadiad on 16.12.2020 acquitting the opponent No.1 for the offence punishable under Sections 306 and 376 of the Indian Penal Code and Sections 3(1)(R)(W) and 3(2)(5)(A) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989.

2. We have heard extensively learned APP Ms. Jirga Jhaveri and learned advocate Mr. Jay Thakkar, who has appeared for the original complainant, who also has separately moved an appeal.

3. They both have taken this Court extensively through the oral as well as documentary evidence and the appreciation

R/CR.MA/11544/2021 ORDER DATED: 02/09/2021

made by the Court concerned in the judgment eventually acquitting the opponent. The alleged fallacies and follies in appreciation have been highlighted by both the sides and also further emphasis has been laid on the deposition of the forensic expert so also the evidence of some of the witnesses who have had an occasion to speak to the deceased a couple of minutes before the incident of death of the victim.

Having noticed serious legal issues raised by the prosecution in appreciation of evidence, we are inclined to grant the permission to prefer the appeal.

The application is allowed.

(SONIA GOKANI, J)

(RAJENDRA M. SAREEN,J) KAUSHIK D. CHAUHAN