{"id":195427,"date":"2010-08-03T00:00:00","date_gmt":"2010-08-02T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010"},"modified":"2017-04-23T17:58:41","modified_gmt":"2017-04-23T12:28:41","slug":"appearance-vs-unknown-on-3-august-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010","title":{"rendered":"Appearance : vs Unknown on 3 August, 2010"},"content":{"rendered":"
Gujarat High Court<\/div>\n
Appearance : vs Unknown on 3 August, 2010<\/div>\n
Author: A.M.Kapadia,&Nbsp;Honourable Mr.Justice J.C.Upadhyaya,&Nbsp;<\/div>\n
   Gujarat High Court Case Information System \n\n  \n  \n    \n\n \n \n    \t      \n         \n\t    \n\t\t   Print\n\t\t\t\t          \n\n  \n\n\n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t \n\t\n\n\n \n\n\n\t \n\nCR.MA\/2343\/2010\t 5\/ 9\tORDER \n \n \n\n\t\n\n \n\nIN\nTHE HIGH COURT OF GUJARAT AT AHMEDABAD\n \n\n \n\n\n \n\nCRIMINAL\nMISC.APPLICATION No. 2343 of 2010\n \n\nIn\n\n\n \n\nCRIMINAL\nAPPEAL No. 429 of 2010\n \n\n \n=========================================\n\n\n \n\nSTATE\nOF GUJARAT \n\n \n\nVersus\n \n\nNANJIBHAI\nPREMJIBHAI PRAJAPATI & 4 \n\n \n\n=========================================\n \nAppearance : \nMR.\nL.B.DABHI, APP for Applicant(s) : 1, \nNone\nfor Respondent(s) : 1 - 5. \n=========================================\n\n\n \n\t  \n\t \n\t  \n\t\t \n\t\t\t \n\nCORAM\n\t\t\t: \n\t\t\t\n\t\t\n\t\t \n\t\t\t \n\nHONOURABLE\n\t\t\tMR.JUSTICE A.M.KAPADIA\n\t\t\n\t\n\t \n\t\t \n\t\t\t \n\n \n\n\t\t\t\n\t\t\n\t\t \n\t\t\t \n\nand\n\t\t\n\t\n\t \n\t\t \n\t\t\t \n\n \n\n\t\t\t\n\t\t\n\t\t \n\t\t\t \n\nHONOURABLE\n\t\t\tMR.JUSTICE J.C.UPADHYAYA\n\t\t\n\t\n\n \n\n \n \n\n\n \n\nDate\n: 03\/08\/2010 \n\n \n\n \nORAL\nORDER<\/pre>\n
(Per
\n: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)<\/p>\n
By
\n\tmeans of filing this Application under Section 378 (1)(3) of the
\n\tCode of Criminal Procedure ( the Code  for short), the Applicant
\n\t  State of Gujarat has prayed to grant leave to file Criminal
\n\tAppeal No. 429 of 2010, which is directed against the judgment and
\n\torder dated 16.9.2009 rendered in Atrocity Sessions Case No. 65 of
\n\t2009 by the learned Additional Sessions Judge, Fast Track Court,
\n\tPalanpur, by which the Respondents accused ( the accused
\n\tpersons  for short) came to be acquitted of the offences
\n\tpunishable under Sections 148, 149, 323, 504 and 506(2) of the
\n\tIndian Penal Code ( the Code  for short) and Section 3(1)(X) of
\n\tthe Scheduled Castes and Scheduled Tribes (Prevention of
\n\tAtrocities), Act ( the Atrocity Act  for short).\n<\/p>\n
The
\n\tprosecution case as disclosed in the FIR and unfolded during trial
\n\tis that;\n<\/p>\n
2.1\tThe
\n\tfirst informant   Kuberbhai Karshanbhai Harijan was a resident of
\n\tvillage Manka and he had his agricultural land which was situated in
\n\tthe outskirts of the said village.  According to the prosecution
\n\tcase, the first informant had his right of way through the
\n\tagricultural land bearing Survey Nos. 63 and 73 belonging to the
\n\taccused persons.  It is alleged that the accused persons caused
\n\tobstruction to the first informant and his servants and agents to
\n\tpass through the disputed road.  He instituted a Suit regarding the
\n\tsame in the Mamlatdar’s Court.  It is the prosecution case that on
\n\t6.9.2008 at about 11:30 am, Mamlatdar had made local inspection and
\n\thad visited the site.  After he completed his work and he left, the
\n\taccused persons carrying deadly weapons assaulted upon the first
\n\tinformant and his family members and the first informant
\n\tKarshanbhai and his brother   PW-5 Ugrabhai sustained bodily
\n\tinjuries.  The accused persons uttered abusive language and
\n\tthreatened the first informant of dire consequences.  The accused
\n\tpersons insulted the first informant   Kashanbhai and his family
\n\tmembers in their caste name.  On 18.9.2008, first informant
\n\tKarshanbhai reported the incident to police and his FIR was
\n\tregistered.  During the course of investigation, statements of
\n\tmaterial witnesses were recorded, weapons were recovered from the
\n\taccused persons, the caste certificate of the first complainant was
\n\tcollected. After collecting the required material for the purpose of
\n\tlodgment of charge sheet, charge sheet came to be filed in the Court
\n\tof learned Chief Judicial Magistrate, Palanpur.  Since the offence
\n\tunder Atrocity Act is exclusively triable by the Special Court, the
\n\tlearned Chief Judicial Magistrate committed the case to the Special
\n\tCourt, Palanpur, which was registered as Atrocity Sessions Case
\n\tNo.65 of 2009 and the same was made over to the Court of learned
\n\tAdditional Sessions Judge, Palanpur ( trial Court  for short)
\n\tfor trail.\n<\/p>\n
2.2\tThe
\n\ttrial Court framed charge against the accused persons, to which they
\n\tdid not plead guilty and claimed to be tried. Thereupon, the
\n\tprosecution examined 10 witnesses and produced 10 documents,
\n\tdetailed in paragraphs 5 and 6 respectively in the impugned judgment
\n\tand order.  After the prosecution concluded its oral evidence, the
\n\ttrial Court recorded further statements of the accused persons under
\n\tSection 313 of the Code, and the accused persons in their further
\n\tstatements denied generally all the incriminating circumstances put
\n\tto them by the trial Court and stated that they were falsely
\n\timplicated in this case.  After appreciating and analyzing the oral
\n\tand documentary evidence on record and considering the submissions
\n\tadvanced on behalf of both the sides, the learned trial Judge came
\n\tto the conclusion that the prosecution failed to prove its case
\n\tbeyond any reasonable doubt and ultimately recorded their acquittal,
\n\twhich has given rise to this State Appeal.\n<\/p>\n
\tWe have
\n\tconsidered the submissions advanced by Mr. L.B.Dabhi, learned APP
\n\tfor the Applicant   State of Gujarat, we have perused the impugned
\n\tjudgment and order, and the set of evidence supplied by him during
\n\tthe course of his submission so also the record and proceedings of
\n\tSpecial Atrocity Sessions Case No.65 of 2009 called for by us vide
\n\torder dated 13.7.2010. This Court has also undertaken a complete and
\n\tcomprehensive appreciation of all vital features of the case and the
\n\tentire evidence on record with reference to broad and reasonable
\n\tprobabilities of the case.\n<\/p>\n
\tConsidering
\n\tthe evidence on record, it transpires that the entire prosecution
\n\tcase was based upon the testimonies of first informant   PW-1
\n\tKarshanbhai examined at exh.11, PW-4 Laxmiben Karshanbhai   sister
\n\tof the first informant   examined at exh.20, PW-5   Ugrabhai
\n\tKarshanbhai   the brother of the first informant  – examined at
\n\texh.21, PW-7   Babubhai Samatibhai  – examined at exh.26 and PW-8
\n\t  Dalabhai Netibhai Rabari   examined at exh.27.\n<\/p>\n
We
\n\thave re-examined the evidence of these witnesses and considered
\n\ttheir evidence.   So far as PW-1   Karshanbhai and PW-5
\n\tUgrabhai are concerned, they deposed that in the incident, all the
\n\tfive accused persons were armed with deadly weapons and both of them
\n\twere beaten by the accused persons by those weapons.  It transpired
\n\tthat despite that fact that according to their evidence, they were
\n\tseverely beaten by deadly weapons by the accused persons, no medical
\n\tevidence is adduced by the prosecution.  Considering the evidence of
\n\tthe injured witnesses, nothing transpires that they had ever
\n\treceived any medical treatment.\n<\/p>\n
\tMoreover,
\n\tthe incident allegedly occurred on 6.9.12008 and the same came to be
\n\treported before the police on 18.9.2008.  During the course of
\n\tevidence, the first informant   Karshanbhai tried to explain that
\n\tsoon after the incident he had forwarded two letters to the police
\n\twherein he had narrated the incident, but, no action was taken and
\n\tthereafter he lodged the FIR.  Considering the evidence of
\n\tinvestigating police officer, nothing emerges that any such letter
\n\tstated by the first informant   Karshanbhai in his instance was
\n\treceived in the police station.  The trial Court therefore rightly
\n\tcame to the conclusion that the FIR was suspiciously delayed and no
\n\tsatisfactory explanation was tendered explaining the delay.\n<\/p>\n
Moreover,
\n\tthe trial Court observed that about the dispute regarding the right
\n\tof way, proceedings before the Mamlatdar’s Court is pending.
\n\tAccording to the prosecution case, soon before the incident,
\n\tMamlatdar has made local inspection to the site and at that time the
\n\taccused persons had gathered there.  But after the Mamlatdar left
\n\tthe place, the first informant was assaulted upon.  The trial Court
\n\tobserved that neither the first informant produced
\n\tany evidence showing the local inspection made by the Mamlatdar on
\n\t6.9.2008 nor during the course of investigation the investigating
\n\tofficer collected any material from the office of the Mamlatdar.
\n\tThe trial Court further observed that the independent witnesses were
\n\tpresent at the time of the alleged incident.  Prosecution examined
\n\tin support of the evidence of first informant   Karshanbbai his
\n\tbrother and sister and no independent witnesses came to be examined
\n\tby  the prosecution.  Ultimately, the trial Court came to the
\n\tconclusion that the evidence adduced by the prosecution is
\n\tinconsistent, contradictory and unreliable and recorded the
\n\tacquittal of the accused persons.\n<\/p>\n
On
\n\toverall  view of the matter, according to us, the prosecution has
\n\tnot been able to bring home the charge levelled against the accused
\n\tpersons and their complicity for commission of the offence is not
\n\testablished as there is no cogent and convincing evidence against
\n\tthe accused persons to connect them with the alleged crime.\n<\/p>\n
\tIn view of
\n\tthe unsatisfactory evidence led by the prosecution, we are of the
\n\tconsidered opinion that no illegality or infirmity has been
\n\tcommitted by the trial Court in acquitting the accused persons of
\n\tthe offences with which they were charged.  We find ourselves in
\n\tcomplete agreement with the ultimate conclusion and the resultant
\n\torder of acquittal, as, in our view, no other conclusion was
\n\tpossible except the one reached by the trial Court.\n<\/p>\n
This
\n\tis an acquittal appeal. The principles which would govern and
\n\tregulate the hearing of appeal by the High Court against an order of
\n\tacquittal passed by the Trial Court have been very succinctly
\n\texplained by the Supreme Court in the matter of  AJIT SAVANT
\n\tMAJAGAVI VS. STATE OF KARNATAKA, reported in AIR 1997
\n\tp.3255.\n<\/p>\n
(a)
\n\tIn an appeal against an order of acquittal, the High Court possesses
\n\tall the powers, and nothing less than the powers it possesses while
\n\thearing an appeal against an order of conviction.\n<\/p>\n
(b)
\n\tThe High Court has the power to reconsider the whole issue,
\n\treappraise the evidence and come to its own conclusion and findings
\n\tin place of the findings recorded by trial court, if the said
\n\tfindings are against the weight of the evidence on record, or in
\n\tother words, perverse.\n<\/p>\n
(c)
\n\tBefore reversing the finding of acquittal, the High Court has to
\n\tconsider each ground on which the order of acquittal was based and
\n\tto record its own reasons for not accepting those grounds not
\n\tsubscribing to the view expressed by the trial Court that the
\n\taccused is entitled to acquittal.\n<\/p>\n
(d)
\n\tIn reversing the finding of acquittal, the High Court has to keep in
\n\tview the fact that the presumption of innocence is still available
\n\tin favour of the accused and the same stands fortified and
\n\tstrengthened by the order of acquittal passed in his favour by the
\n\ttrial Court.\n<\/p>\n
(e)
\n\tIf the High Court, on a fresh scrutiny and reappraised of the
\n\tevidence and other material on record, is of the opinion that there
\n\tis another view which can be reasonably taken, then the view which
\n\tfavours the accused should be adopted.\n<\/p>\n
(f)
\n\tThe High Court has also to keep in mind that the trial Court had the
\n\tadvantage of looking at the demeanour of witnesses and observing
\n\ttheir conduct in the Court, especially in the witness box.\n<\/p>\n
(g)
\n\tThe High Court has also to keep in mind that even at that stage, the
\n\taccused was entitled to benefit of doubt. The doubt should be such
\n\tas a reasonable person would honestly and conscientiously entertain
\n\tas to the guilt of the accused.\n<\/p>\n
In
\n\t ANOKH SINGH vs. STATE OF PUNJAB,<\/a> reported in AIR 1992
\n\tSC p.598, Supreme Court has held that in an appeal against
\n\tacquittal, the High Court should attach greater weight to
\n\tappreciation of evidence by the Trial Judge who had the occasion to
\n\twatch the demeanour of the witnesses.\n<\/p>\n
It
\n\tis a cardinal principle of criminal jurisprudence that in an
\n\tacquittal appeal if  other view is  possible then also appellate
\n\tCourt cannot substitute its own view by reversing the acquittal into
\n\t conviction, unless  the  findings  of  the trial Court are
\n\tperverse,  contrary to  the  material on  record, palpably  wrong,
\n\tmanifestly erroneous or demonstrably unsustainable.  (See  Ramesh
\n\tBabulal Doshi  V. State of Gujarat<\/a> (1996) 9 SCC 225).  In the
\n\tinstant case, the learned APP has not been able  to  point out to us
\n\tas to how the findings recorded  by the trial Court are perverse,
\n\tcontrary  to material on record, palpably wrong, manifestly
\n\terroneous  or demonstrably unsustainable.\n<\/p>\n
On
\n\toverall appreciation of evidence,  this Court is  satisfied  that
\n\tthere is no infirmity in the reasons assigned  by  the trial Court
\n\tfor acquitting the accused persons.  Suffice it to say that the
\n\ttrial Court has given cogent and convincing  reasons  for
\n\tacquitting the accused persons and the learned A.P.P. has  failed to
\n\tdislodge the reasons given by the trial Court and  convince  this
\n\tCourt  to take  a  view contrary to the one taken by the trial
\n\tCourt.\n<\/p>\n
Seen
\n\t in  the  above  context, we do not find any valid reason or
\n\tjustifiable ground to interfere with the impugned  judgment
\n\tand order acquitting the accused persons of the offences with  which
\n\t they were  charged.\n<\/p>\n
For
\n\tthe foregoing reasons, the application fails and accordingly it is
\n\trejected.  Resultantly, leave to appeal is refused, and as a
\n\tconsequence thereof, Criminal Appeal no. 429 of 2010 is dismissed.\n<\/p>\n
(A.M.\n<\/p>\n
Kapadia, J.)<\/p>\n
(J.C.Upadhyaya,
\nJ.)<\/p>\n
\tJayanti*<\/p>\n
\t\t   \u00a0\u00a0\u00a0<\/p>\n
\t\t   Top<\/p>\n","protected":false},"excerpt":{"rendered":"
Gujarat High Court Appearance : vs Unknown on 3 August, 2010 Author: A.M.Kapadia,&Nbsp;Honourable Mr.Justice J.C.Upadhyaya,&Nbsp; Gujarat High Court Case Information System Print CR.MA\/2343\/2010 5\/ 9 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 2343 of 2010 In CRIMINAL APPEAL No. 429 of 2010 ========================================= STATE OF GUJARAT Versus NANJIBHAI PREMJIBHAI PRAJAPATI […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16,8],"tags":[],"class_list":["post-195427","post","type-post","status-publish","format-standard","hentry","category-gujarat-high-court","category-high-court"],"yoast_head":"\nAppearance : vs Unknown on 3 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Appearance : vs Unknown on 3 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"2010-08-02T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2017-04-23T12:28:41+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"10 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Appearance : vs Unknown on 3 August, 2010\",\"datePublished\":\"2010-08-02T18:30:00+00:00\",\"dateModified\":\"2017-04-23T12:28:41+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010\"},\"wordCount\":1942,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"Gujarat High Court\",\"High Court\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010\",\"name\":\"Appearance : vs Unknown on 3 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"2010-08-02T18:30:00+00:00\",\"dateModified\":\"2017-04-23T12:28:41+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/appearance-vs-unknown-on-3-august-2010#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Appearance : vs Unknown on 3 August, 2010\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Appearance : vs Unknown on 3 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010","og_locale":"en_US","og_type":"article","og_title":"Appearance : vs Unknown on 3 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"2010-08-02T18:30:00+00:00","article_modified_time":"2017-04-23T12:28:41+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"10 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Appearance : vs Unknown on 3 August, 2010","datePublished":"2010-08-02T18:30:00+00:00","dateModified":"2017-04-23T12:28:41+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010"},"wordCount":1942,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["Gujarat High Court","High Court"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010","url":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010","name":"Appearance : vs Unknown on 3 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"2010-08-02T18:30:00+00:00","dateModified":"2017-04-23T12:28:41+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/appearance-vs-unknown-on-3-august-2010#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Appearance : vs Unknown on 3 August, 2010"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/195427","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=195427"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/195427\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=195427"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=195427"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=195427"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}