Gujarat High Court Case Information System
Print
CR.MA/502920/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5029 of 2008
In
CRIMINAL
APPEAL No. 1384 of 2008
=========================================
STATE
OF GUJARAT - Applicant(s)
Versus
KOLI
KARSHANBHAI HIRABHAI - Respondent(s)
=========================================
Appearance
:
MR KP RAVAL, ADDL. PUBLIC
PROSECUTOR for Applicant(s) : 1,
None for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 13/11/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA)
The
present application is filed seeking leave to appeal against the
judgment and order of acquittal dated 16.2.2008 passed by the learned
Sessions Judge, Patan in Sssions Case No. 576 of 2002.
Heard
learned APP Mr. K.P. Raval. The learned APP referred to the judgment
and order recording acquittal of the accused, who is charged with
offence under sections 332, 333, 353, 186, 114 of IPC. He has also
pointedly referred to the observations made with regard to the fact
that the complainants were officers of the Intelligence and who have
been attacked by the accused person when they were keeping a track of
the accused person.
The
learned APP also submitted that other Criminal Appeal No. 389/96
arising out of Sessions Case No. 35/95 is pending and, therefore, the
present appeal may also be heard along with the said matter.
On
perusal of the record and on appreciation of the judgment recording
the acquittal, prima facie, this court is of the opinion that the
matter requires consideration and the court below has failed to
appreciate the evidence in its proper perspective, particularly as
regards the fact that the complainants were officers of the
Intelligence, who were keeping a track of the accused and may not
have disclosed their identity initially.
Hence,
the application is allowed. Leave to appeal is granted.
[Ravi
R. Tripathi, J.]
[Rajesh
H. Shukla, J.]
(hn)
Top