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CR.MA/4301/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4301 of 2010
In
CRIMINAL
APPEAL No. 692 of 2010
with
CRIMINAL
APPEAL No. 692 of 2010
=========================================================
STATE
OF GUJARAT - Applicant/Appellant
Versus
MANGALSINH
LEKHRAJSINH THAKUR - Respondent
=========================================================
Appearance
:
MR
AJ DESAI, ADDL.PUBLIC PROSECUTOR
for
Applicant/Appellant
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 23/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned Additional Public Prosecutor Mr.A.J.Desai for the
appellant-State.
2. This
is an application seeking leave to appeal against acquittal of the
respondent herein recorded by the City Sessions Court, Ahmedabad, in
Sessions Case No.108/2008, by judgment and order dated 28.1.2010. The
respondent was charged for the offences punishable under Sections
366, 342, 376 of the Indian Penal Code.
3. What
emerges is that there is evidence on record that the respondent and
the prosecutrix stayed together at Agra as husband and wife, and the
prosecutrix had preferred an application under Section 125 of Cr.P.C
for maintenance from the respondent as his wife. The defence has
examined the advocate, who represented the prosecutrix in those
proceedings, as a defence witness. The photographs of both, the
respondent and the prosecutrix, were also produced. The prosecutrix
was not minor. Keeping in mind these aspects the trial Court has
recorded the acquittal. These aspects are not controverted. Under the
circumstances, we are of the view that the trial Court was justified
in recording acquittal. Hence, leave to appeal is refused. The
application stands rejected.
4. Consequently,
Criminal Appeal No.692/2010 also stands dismissed.
[A.L.Dave,J.]
[V.M.Sahai,J.]
(patel)
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