State Of Gujarat vs Kaushik @ Maku Natwarsinh Darbar ...
2023 Latest Caselaw 4149 Guj

      R/CR.MA/5990/2023                          ORDER DATED: 07/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 5990 of 2023

                   In R/CRIMINAL APPEAL NO. 855 of 2023
                                 With
               R/CRIMINAL APPEAL NO. 855 of 2023
========================================================
                        STATE OF GUJARAT
                                Versus
         KAUSHIK @ MAKU NATWARSINH DARBAR (PARMAR)
========================================================
Appearance:
MR. BHARGAV PANDYA, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3
========================================================

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

                             Date : 07/06/2023

                      ORAL ORDER

(PER : HONOURABLE MRS. JUSTICE M. K. THAKKER)

ORDER IN CRIMINAL MISC. APPLICATION.

[1] This is an application preferred by the applicant - State of Gujarat seeking leave to prefer an appeal against the judgment and order of acquittal.

[2] Heard Mr. Bhargav Pandya, learned Additional Public Prosecutor for the applicant - State.

[3] Mr. Pandya, submitted that the case of the prosecution is supported by the injured eye witnesses, who were examined before the Trial Court below Exhibit -42 and Exhibit 50, with regard to the assault made by the accused persons with weapon. Mr. Pandya,

R/CR.MA/5990/2023 ORDER DATED: 07/06/2023

further submitted that this evidence was corroborated with the evidence of the child witness, who was examined below Exhibit -50.

[3.1] Mr. Pandya, has drawn the attention of the Court to the discussion of the Trial Court with regard to the injuries mentioned by the PM Doctor, who was examined below Exhibit -75.

[4] By submitting the aforesaid aspects, Mr. Pandya, submitted that the learned Judge has committed error in not appreciating the evidence in its true letter and spirit and thereby, acquitted the respondents - accused from the charges levelled against them.

[5] Considering the submissions of the learned APP, this Court finds force in the submission and therefore, matter requires consideration. Hence, present application for leave to prefer an appeal is hereby allowed.

ORDER IN CRIMINAL APPEAL.

Appeal is admitted. Bailable warrant in the sum of Rs.10,000/- (Rupees Ten Thousand) each be issued against the respondents - accused.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER,J.) Lalji Desai