Gujarat High Court Case Information System Print CR.MA/6611/2010 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 6611 of 2010 In CRIMINAL APPEAL No. 999 of 2010 =============================================== STATE OF GUJARAT - Applicant(s) Versus BABRABHAI KARSHANBHAI PATEL - Respondent(s) =============================================== Appearance : MR AJ DESAI, ADDL. PUBLIC PROSECUTOR for Applicant(s) : 1, None for Respondent(s) : 1, =============================================== CORAM : HONOURABLE MR.JUSTICE A.L.DAVE and HONOURABLE MR.JUSTICE K.M.THAKER Date : 01/12/2010 ORAL ORDER
: HONOURABLE MR.JUSTICE A.L.DAVE)
is an application for leave to appeal to challenge the judgment and
order passed in Special Case No.56 of 2009 by Special Court,
Banaskantha on 10th November, 2009 acquitting the
respondent for the offences punishable under Sections 504 and 506 of
Indian Penal Code and Section 3(1)(10) of the Schedule Caste &
Schedule Tribes (Prevention of Atrocity) Act.
going through the judgment, it is clear that the complainant and the
accused were on inimical terms. It also transpires that no
independent witness has supported the incidence. The trial Court has,
on these counts, recorded acquittal.
our view, when the offences are of nature where there cannot be any
other contemporaneous corroborative evidence because the offices can
be committed only by utterance, the fact has to be proved by cogent
evidence. When independent witness does not support the prosecution
case and when it is found that the accused and the complainant are on
inimical terms, the possibility of false implication because of
inimical terms cannot be ruled out. Under the circumstances, trial
Court was, therefore, justified in recording acquittal. Leave is
refused. The application and the appeal stand dismissed.