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CR.MA/564320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5643 of 2008
In
CRIMINAL
APPEAL No. 1467 of
2008
=================================================
STATE
OF GUJARAT - Applicant(s)
Versus
SHABBIR
NIZAM MOGAL - Respondent(s)
=================================================
Appearance
:
Mr.PRADIP BHATE, ADDL PUBLIC
PROSECUTOR for Applicant(s) : 1,
MR.MRUDUL M BAROT for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 22/09/2008
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed seeking leave to appeal against the
judgement and order of acquittal by the Court of the learned Special
Judge & Additional Sessions Judge, Fast Track Court No.2,
Navsari, Camp at Vansada on 23rd January 2008 in Special
Atrocity Case No.5 of 2006. Learned APP Mr.Bhate vehemently tried to
persuade this Court that the learned Judge has committed an error in
recording acquittal in such a serious offence. Learned APP has made
available a copy of the deposition of prosecutrix-Hinaben, wife of
Dineshbhai Kodiya (PW No.4). On perusal of the evidence of
PW-4-Hinaben, the prosecutrix and the cross examination, in detail,
the Court finds that the evidence does not inspire any confidence.
The conduct of the prosecutrix is also not normal.
2. In
the result this application fails and the same is rejected. Rule is
discharged.
(RAVI R. TRIPATHI, J.)
(K.M. THAKER, J.)
karim
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