Gujarat High Court Case Information System
Print
CR.MA/5277/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5277 of 2010
In
CRIMINAL
APPEAL No. 830 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
SHAKRAJI
MOHANJI THAKORE & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MAULIK G NANAVATI, ADDTL.PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to prefer Appeal is directed against
the judgment and the order dated 30th January, 2010 passed
by the learned Sessions Judge in Sessions Case No. 77 of 2008,
whereby, the accused have been acquitted for the offences under
Sections 363, 366, 376, 403 and 506[2] of Indian Penal Code read with
Section 114 of IPC and for the offence under Section 135 of the
Bombay Police Act.
We
have heard the learned APP for the State. We have considered the
judgment and the reasons recorded by the learned Sessions Judge. We
have considered the record and proceedings.
It
appears from the evidence on record that there are no injury marks on
the body of the victim nor any injury marks on the private parts of
the victim. Further, the victim with the accused had gone to the
different places and they have stayed together. They have also passed
through the public places. At no point of time, any resistance was
made nor any complaint was made by the victim. The allegation for
taking ornaments is rightly not believed by the learned Sessions
Judge. The aforesaid is coupled with the circumstance that love
letters and the photographs though were not exhibited, but for the
purpose of examining the conduct and to find out the reliability of
the evidence of the complainant, it cannot be ignored.
Under
these circumstances, if the learned Sessions Judge has found that the
prosecution has not been able to prove the case beyond reasonable
doubt, the same cannot be said to be erroneous. Hence, leave does
not deserve to be granted, therefore, not granted. The application is
disposed of.
[JAYANT
PATEL, J.]
[H.B.
ANTANI, J.]
pirzada/-
Top