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CR.MA/13029/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13029 of 2009
In
CRIMINAL
APPEAL No. 2252 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
RAKESHBHAI
ARVINDBHAI VASAVA & 3 - Respondent(s)
=========================================================
Appearance
:
MR
KP RAVAL Ld. APP for Applicant(s) : 1,
None for Respondent(s) : 1
- 4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
present application for leave to prefer appeal is directed against
the judgment and order dated 16.7.2009 passed by the learned Addl.
Sessions Judge in Sessions Case No. 84/2008, whereby, the accused
have been acquitted for the offence under sec. 363, 366, 376, 504,
506(2) and 114 of IPC
2. We
have gone through the judgment and the reasons recorded by the
learned Addl. Sessions Judge. We have also considered the record and
proceedings and heard the learned Learned APP for the State.
3. It
appears to us that the age declared by the victim at the time when
caesarean operation was undertaken, is of 22 years. Further, in
medical history, she has stated that she has voluntarily left with
Rakesh and stayed together for about 7 days and there was physical
relationship by volition. Under the 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.
4. Hence,
leave does not deserves to be granted and, therefore, not granted.
Application stands disposed of accordingly.
(JAYANT
PATEL, J.)
(Z.
K. SAIYED, J.)
mandora/
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