State Of Gujarat vs Ashokbhai Meghabhai Jadav
2023 Latest Caselaw 4841 Guj

     R/CR.MA/3927/2023                                ORDER DATED: 22/06/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 3927 of 2023

                    In R/CRIMINAL APPEAL NO. 447 of 2023

                                       With
                         R/CRIMINAL APPEAL NO. 447 of 2023
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                               STATE OF GUJARAT
                                     Versus
                           ASHOKBHAI MEGHABHAI JADAV
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Appearance:
MS MONALI BHATT ADDL. PUBLIC PROSECUTOR for the Applicant(s) No.
1
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                  Date : 22/06/2023

                                   ORAL ORDER

1. Heard Ms. Monali Bhatt, learned APP for the applicant - State.

2. This application is filed at the instance of applicant - State under Section 378(1)(3) of the Code of Criminal Procedure against the accused Nos.1 and 2 - present respondent Nos.1 and 2 for the offences punishable under Sections 333, 325, 323, 324, 341, 352 and 427 and Section 135 of the Gujarat Police Act against the judgment and order dated 23.05.2022 passed in Sessions Case No.23 of 2016. By the said judgment and order, the learned 6 th Additional Sessions Judge, Bhavnagar at Mahuva, has recorded acquittal of the original accused Nos. 1 to 4.

3. Learned APP has invited attention of this Court to the impugned judgment and order of acquittal. She has further

R/CR.MA/3927/2023 ORDER DATED: 22/06/2023

submitted that the original accused Nos.3 and 4 were initially not named in the FIR. Though the charge-sheet was filed arraigning them as accused Nos.3 and 4 for the offence alleged, the Investigating Officer has not conducted TI parade. During the trial, the learned Additional Sessions Judge noticed the discrepancies in the evidence of the complainant and his son, who is examined as witness vide Exhibit 59. In such circumstances, no evidence being brought on record against the accused Nos.3 and 4, the Sessions Court has proceeded to hold that the offences against the original accused Nos.3 and 4 is not proved by the prosecution. So far as accused Nos.1 and 2 - present respondents herein are concerned, after appreciation of evidence, the Sessions Court has given benefit of doubt. Hence, the State has preferred this appeal only against the respondents herein - original accused Nos.1 and 2.

4. Considering the submissions made by the learned APP, the appeal requires consideration. Hence, application for leave to appeal is granted.

CRIMINAL APPEAL No.447 of 2023:

ADMIT.

Issue bailable warrant of in the sum of Rs.10,000/- each against private respondents.

Let Record and Proceedings be called for.

(NISHA M. THAKORE,J) Y.N. VYAS