State Of Gujarat vs Jayeshbhai Bhikhabhai Thakor
2023 Latest Caselaw 5393 Guj

   R/CR.MA/8455/2023                                ORDER DATED: 10/07/2023




   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 8455 of 2023
                              In
           R/CRIMINAL APPEAL NO. 1054 of 2023
                             With
           R/CRIMINAL APPEAL NO. 1054 of 2023
======================================
                      STATE OF GUJARAT
                            Versus
               JAYESHBHAI BHIKHABHAI THAKOR
======================================
Appearance:
MS CM SHAH, ADDITIONAL 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 : 10/07/2023

                  ORAL ORDER

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

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 8455 of

Heard Ms. C.M. Shah, learned Additional Public Prosecutor for the applicant - State. According to her submission, learned Judge has wrongly rejected the evidence of Sarojben Ramanbhai Thakore - P.W. 5, Exh 19, who had witnessed the incident just after the accused assaulted Meenaben and he was assaulting Champaben. While Meenaben was lying in an injured condition, the accused was standing there with a big wooden log with which he assaulted

R/CR.MA/8455/2023 ORDER DATED: 10/07/2023

Meenaben and thereafter he assaulted his mother Champaben also. She has also submitted that the deposition of Sarojben is disbelieved on the ground that she had not stated in her police statement that while she was sleeping at her house she heard commotion, and therefore, she went to the place of the incident. Not only that, the date on which her police statement was recorded was not known to her. On these two grounds, as recorded in paragraph 16, witness Sarojben could not have been disbelieved. Considering her submission, we deem it fit to grant leave to Appeal against the judgment and order of acquittal dated 02.11.2022 passed by the 4 th Additional Sessions Judge, Anad in Sessions Case No.65 of 2021.

In view thereof, the present application stands disposed of.

ORDER IN R/CRIMINAL APPEAL NO. 1054 of 2023

In view of leave granted today, Appeal is ADMITTED. Bailable warrant in the sum of Rs.10,000/- be issued against the respondent - accused.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER, J.) siji