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CR.MA/3442/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3442 of 2010
In
CRIMINAL
APPEAL No. 551 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
NILESHKUMAR
DHANJIBHAI SANGALA - Respondent(s)
=========================================================
Appearance
:
MR
LR PUJARI, ADDL. PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 06/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to Appeal is directed against the
judgment and the order dated 30th
December, 2009 passed by the learned Sessions Judge in Sessions Case
No. 153 of 2007 whereby the accused has been acquitted for the
offence punishable under Sections 363, 366 and 376 of Indian Penal
Code.
We have considered
the judgment and the reasons recorded by the learned Sessions Judge.
We have also considered the record and proceedings produced by the
learned APP.
It appears that as
per the evidence on record, there was a love affair between the
victim and the accused and that aspect was admitted by the victim
herself in her deposition. Further, in the medical history, she had
declared before the doctor that she had voluntarily gone with the
accused. As per the medical evidence, there are no injury marks on
the body or private parts of the victim. 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
deserve to be granted, therefore, not granted. The application is
disposed of accordingly.
[JAYANT PATEL, J.]
[H.B. ANTANI, J.]
pirzada/-
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