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CR.MA/6582/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6582 of 2010
In
CRIMINAL
APPEAL No. 994 of 2010
With
CRIMINAL
APPEAL No. 994 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
VIJAYBHAI
VAJUBHAI SOLANKI - Respondent(s)
=========================================================
Appearance
:
PMS
CHETNA SHAH, APP for Applicant/Appellant
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 19/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned APP Ms.Chetna Shah.
The
trial Court has acquitted the opponent-orig.accused by giving benefit
of doubt on the ground that the evidence led by the prosecution does
not inspire confidence.
The
main witness has admitted in his cross examination that he is unaware
as to how many persons had gone for the checking. He is also unaware
as to how many cases are registered from the premises and he has
admitted that the wire was not seized in presence of any independent
witnesses. In absence of any
independent witnesses about seizure of the wire used for electricity
theft, the case cannot be said to have been proved conclusively
against the accused. The trial Court was, therefore, justified in
recording the acquittal by giving benefit of doubt to the
opponent-orig.accused. We do not find any justification for granting
leave to appeal. The application, therefore, must fail. So also the
Criminal Appeal. Both the application and the Appeal stand dismissed.
(A.L.Dave,
J.)
Sreeram. (V.M.Sahai,
J.)
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