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CR.MA/5426/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5426 of 2008
In
CRIMINAL
APPEAL No. 1436 of 2008
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
SUKHCHENSING
RAMSING JAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR.
DIPAN DESAI, ADDITIONAL PUBLIC PROSECUTOR for
Applicant(s) : 1,
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 29/12/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed by the State of Gujarat seeking leave
to appeal against the judgment and order dated 6.2.2008 passed by
the learned Sessions Judge, Bhuj in Sessions Case No.6 of 2007.
Heard
learned APP Mr. Dipan Desai for the State. The learned APP submitted
that the learned Judge has failed to appreciate the evidence led by
the prosecution in its true perspective and has committed an error
in recording acquittal for offence under Sections 364(a), 376(2)(g),
344, 347, 323, 506(2) read with Section 34 of IPC.
Having
perused the judgment and order passed by the learned Judge, this
Court is primafacie of the opinion that the learned Judge has
committed an error in recording acquittal and hence the matter
requires consideration at the hands of this Court. The application
is allowed. Leave to appeal is granted.
(Ravi
R.Tripathi,J)
(Rajesh
H.Shukla,J)
Jayanti*
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