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CR.MA/11565/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11565 of 2009
In
CRIMINAL
APPEAL No. 1779 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
MUKESH
JAMNADAS BARAI - Respondent(s)
=========================================================
Appearance
:
MR
LR PUJARI Ld. APP for Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 20/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to prefer appeal is directed against
the judgment and order dated 17.4.2009 passed by the learned Addl.
Sessions Judge, in Special Atrocity (Criminal) Case No. 10/2007,
whereby, the accused has been acquitted for the offence under sec.
436 of IPC and under sec. 3.2(4)(5) of the Scheduled Tribes and
Scheduled Castes (Prevention of Atrocities) Act.
We
have considered the judgment and reasons recorded by the learned
Addl. Sessions Judge. We have also considered the Records and
Proceedings and heard learned APP for the State.
It
appears to us that there is only one chance witness Ganga Devraj
PW-5, but his testimony is rightly found unbelievable on the basis of
his conduct and remaining silent for about 24 hours. The panchas have
turned to be hostile. The other witnesses are hear-say witness. Under
the circumstances, the involvement of the accused in the incident is
not proved beyond reasonable doubt. There is delay in filing the
complaint for about 24 hours though incident has happened in thickly
populated area.
Under
the circumstances, if the learned Addl. 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
deserve to be granted, therefore, not granted. Application stand
disposed of accordingly.
(JAYANT
PATEL, J.)
(Z.K.SAIYED,
J.)
mandora/
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