State Of Gujarat vs Suresh @ Chandresh Chhatrasinh ...
2023 Latest Caselaw 2174 Guj

     R/CR.MA/3809/2023                                ORDER DATED: 09/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 3809 of 2023

                    In R/CRIMINAL APPEAL NO. 422 of 2023

                                       With
                         R/CRIMINAL APPEAL NO. 422 of 2023
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                        STATE OF GUJARAT
                              Versus
             SURESH @ CHANDRESH CHHATRASINH SOLANKI
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Appearance:
MR H K PATEL, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                  Date : 09/03/2023

                                   ORAL ORDER

ORDER IN CRIMINAL MISC.APPLICATION NO.3809 OF 2023

1. This application is filed for grant of Leave to Appeal against the acquittal recorded by the Special & Additional Sessions Judge, Vadodara vide order dated 01.10.2022 in Special (POCSO) Case No.145 of 2016.

2. Learned APP has submitted that the acquittal is recorded on thoroughly irrelevant consideration when the evidence of the prosecturix is a clinching evidence and is a credible evidence. Despite this, by entering into the discussion of contradictions pertaining to the circumstances and that too contradictions of the version between 2 independent witnesses viz. prosecutirix herself and the mother of the prosecutrix.

R/CR.MA/3809/2023 ORDER DATED: 09/03/2023

3. It is also submitted that the contradictions are not of a nature, which would go to the root of the matter and in fact, are not relevant for the purpose of incident at all.

4. It is submitted that the nature of contradictions appreciated in the impugned judgment and order are in respect of variation in the version of the prosecutrix and her mother with regard to distance between the home of the applicant and place of Iron Man from where the prosecutrix was allegedly abducted.

5. In view of aforesaid, the Court finds sufficient reason to allow the present application. Therefore, present application for grant of Leave to Appeal is allowed.

ORDER IN CRIMINAL APPEAL 422 OF 2023.

Appeal is admitted.

Issue bailable warrant in the sum of Rs.5000/- against the respondent-original accused.

(A.Y. KOGJE, J) GIRISH