State Of Gujarat vs Prakashbhai Karnabhai Majirana
2023 Latest Caselaw 2868 Guj

     R/CR.MA/5882/2023                      ORDER DATED: 11/04/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC. APPLICATION NO. 5882 of 2023
          In R/CRIMINAL APPEAL NO. 838 of 2023
=============================================
                         STATE OF GUJARAT
                               Versus
                  PRAKASHBHAI KARNABHAI MAJIRANA
=============================================
Appearance:
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR for the
Applicant(s) No. 1
for the Respondent(s) No. 1
=============================================

CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
      and
      HONOURABLE MRS. JUSTICE M. K. THAKKER

                 Date : 11/04/2023
                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

1. Heard Ms.Jirga Jhaveri, learned Additional Public

Prosecutor for the applicant State.

2. According to her submission, the first informant

PW-6 Fojabhai Manganbhai Majirana is the eye-witness to

the incident and he witnessed the incident at night hours

in the torch light of his mobile phone. However,

according to the submission of learned APP, the first

informant is not believed by the Court on the ground that

the call data records are not obtained of the mobile phone

said to have been used by the first informant. At the same

R/CR.MA/5882/2023 ORDER DATED: 11/04/2023

time, according to the submission of learned APP,

learned Judge has doubted the evidence of the

eye-witness on the ground that prosecution has not

ascertained the location of the first informant at the place

of offence to witness the same. Therefore, she has

submitted that these are hardly be grounds for recording

an order of acquittal when case of the prosecution is

corroborated by other material evidence brought on

record. Therefore, according to her submission, the

judgment and order of acquittal recorded by the learned

Sessions Judge requires consideration. Hence, leave is

granted.

3. This application stands disposed of.

(UMESH A. TRIVEDI, J)

(M. K. THAKKER, J) GAURAV J THAKER