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CR.MA/13570/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13570 of 2010
In
CRIMINAL
APPEAL Nso. 1849 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
KALUBHAI
SANGRAMBHAI KARADIYA & 4 - Respondent(s)
=========================================================
Appearance
:
MR
JK SHAH, APP for Applicant(s) : 1,
None for Respondent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 01/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The
present application is filed by the State of Gujarat through Public
Prosecutor, High Court of Gujarat, against judgment and order of
acquittal dated 16.08.2010 passed by the learned Special Judge and
Presiding Officer, Fast Track Court No.3, Junagadh, in Special
(Atrocity) Case No.18 of 2006.
2. Heard
learned APP Mr.J.K.Shah for the applicant-State.
3. Learned
APP invited attention of the Court to the relevant paragraphs of the
judgment and order, wherein the learned Special Judge has discussed
the relevant evidence and has disbelieved the same for no valid
reasons.
3.1 The
learned APP submitted that the learned Special Judge has committed an
error in recording acquittal under Section 235(1) of the Code of
Criminal Procedure for the offence under Sections 143, 147, 148, 149,
323, 504 and 506(2) of the Indian Penal Code, Section 135 of the
Bombay Police Act and also Section 3(1)(x) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3.2 The
learned APP invited attention of the Court to the relevant
discussion, wherein the learned Special Judge has appreciated the
evidences of Maydeben Bhikhabhai, PW-4, Exh.19, Labhuben Karshanbhai,
PW-5, Exh.20, Devuben Menandbhai, PW-6, Exh.21 and last but not the
least, evidence of Labhuben Mansukhbhai, PW-9, Exh.26.
3.3 As
an alternative plea, the learned APP submitted that the learned
Special Judge has committed an error in not convicting the accused of
a lessor offence. He submitted that the learned Special Judge has
not given due weightage to the evidence of the complainant –
Karshabbhai Ghelabhai, PW-2, Exh.15. The learned APP submitted that
the learned Special Judge ought to have appreciated that assuming for
the sake of argument that the presence of the fifth person –
accused was not established then also, the offence was committed and
the learned Judge was duty-bound to convict the accused of the
offences, which stand proved, even if the graver offences under
Sections 143, 147, 148 and 149 of the Indian Penal Code were not
proved. The learned APP submitted that it is not the submission that
offences under Sections 143, 147, 148 and 149 of the Indian Penal
Code were not established, but assuming that the same were not
established under these Sections then atleast, in some other Sections
offenders were required to be punished.
4. In
view of the aforesaid submissions of the learned APP, the application
is required to be allowed. It is according allowed. Leave to appeal
is granted.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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