Mohitbhai Vallabhbhai Gadhiya vs State Of Gujarat
2022 Latest Caselaw 9868 Guj

     R/CR.MA/15682/2022                              ORDER DATED: 07/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15682 of 2022

                                         In

                      R/CRIMINAL APPEAL NO. 1647 of 2022

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                          MOHITBHAI VALLABHBHAI GADHIYA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR ANKIT K MEHTA(10393) for the Applicant(s) No. 1
MR.PINANK J RAIYANI(10166) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                 Date : 07/12/2022

                                  ORAL ORDER

1. Relying on the judgment of Rohitbhai Jivanlal

Patel Vs. State of Gujarat, reported in (2019) 18 SCC

106, Mr. Pinank J.Raiyani, learned advocate for the

applicant submits that the learned trial Court Judge has

created doubt on the case of the complainant, which is a

fundamental flaw on the part of the trial Court, and has

decided the case, as if, the complainant was required to

prove his case beyond all reasonable doubts, when the

accused has failed to rebut the statutory presumption.

R/CR.MA/15682/2022 ORDER DATED: 07/12/2022

2. Considering the submissions and the grounds

raised, leave to appeal, is granted. The application

stands disposed of.

(GITA GOPI,J) Pankaj