Gujarat High Court Case Information System
Print
CR.MA/12116/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12116 of 2009
In
CRIMINAL
APPEAL No. 2071 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
MANABHAI
DHANABHAI VANKAR - Respondent(s)
=========================================================
Appearance
:
MR
KP RAVAL, LD. ADDL. PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 26/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to prefer appeal is directed against
the judgment and order dated 30th June 2009 passed by the
learned Sessions Judge in Sessions Case No.212 of 2007, whereby the
accused has been acquitted for the offence punishable under Sections
376, 506(2), 504 and 452 of the Indian Penal Code read with Section
135 of the Bombay Police Act.
We
have considered the judgment and reasons recorded by the learned
Sessions Judge. We have considered the Record and Proceedings. We
have heard Mr.K.P. Raval, learned Additional Public Prosecutor for
the State.
It
appears to us that not a single pancha has supported the case of the
prosecution and all the panchas have turned to be hostile. So far as
the evidence of the victim is concerned, though weapon-Grass Cutter
was with her and the said aspect is admitted by her, she has not
made use of it while resisting the alleged force. However, in the
cross-examination, she has admitted for the voluntary relations on
various parts of body with the accused, which is impossible if there
is any resistance by the female. There is no medical evidence
showing any injury on the private part of the victim. The said
aspect is coupled with the circumstance that there is animosity
between the accused and the husband of the victim. Suits are filed
in the Court and the matters are p ending before the Court.
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 deserves to be granted and, therefore, not granted.
The present application is disposed of accordingly.
(Jayant
Patel, J)
(Z.
K. Saiyed, J)
Anup
Top
