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CR.MA/1168/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1168 of 2008
In
CRIMINAL
APPEAL No. 619 of 2008
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
VIPULBHAI
TRIKAMBHAI BHOI & 2 - Respondent(s)
=========================================================
Appearance
:
MR.L.R.PUJARI,
ADDL. PUBLIC PROSECUTOR for
Applicant(s) : 1,
None
for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 25/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE M.R. SHAH)
1. Rule.
Present application has been filed by the applicant – State of
Gujarat for leave to appeal under Section 378(1)(3) of the Code of
Criminal Procedure challenging the judgment and order of acquittal
dated 06.11.2007 passed by the learned Sessions Judge, Anand in
Sessions Case No.54 of 2007 acquitting the respondents herein –
original accused for the offences punishable under Sections 376, 313,
406, 506 (2) and 114 of the Indian Penal Code.
2. We
have heard Mr.L.R.Pujari, learned APP appearing on behalf of the
State. We have gone through the judgment and order passed by the
learned trial Court acquitting the respondents for the offences
punishable under Sections 376, 313, 406, 506 (2) and 114 of the
Indian Penal Code. Considering the same, we are of the considered
opinion that leave to appeal be granted and appeal be admitted.
Hence, prayer in terms of paragraph No.7[b] is hereby granted. Rule
is made absolute accordingly.
[J.R.Vora,J.]
[M.R.Shah,J.]
sompura
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