{"id":55285,"date":"2010-08-02T00:00:00","date_gmt":"2010-08-01T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010"},"modified":"2015-07-28T04:52:47","modified_gmt":"2015-07-27T23:22:47","slug":"state-vs-bhagvanbhai-on-2-august-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010","title":{"rendered":"State vs Bhagvanbhai on 2 August, 2010"},"content":{"rendered":"
Gujarat High Court<\/div>\n
State vs Bhagvanbhai on 2 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\t \n\t \n\t \n\t\n\n\n \n\n\n\t \n\nCR.MA\/1550\/2010\t 10\/ 10\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. 1550 of 2010\n \n\nIn\n\n\n \n\nCRIMINAL\nAPPEAL No. 279 of 2010\n \n\n \n=========================================================\n\n \n\nSTATE\nOF GUJARAT - Applicant(s)\n \n\nVersus\n \n\nBHAGVANBHAI\n@ BHAGO CHIMANBHAI GOHEL - Respondent(s)\n \n\n=========================================================\n \nAppearance\n: \nMR\nLB DABHI, ADDL.PUBLIC PROSECUTOR\nfor\nApplicant(s) : 1, \nNone for Respondent(s) :\n1, \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 \n\t\t\t \n\nand\n\t\t\n\t\n\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\nDate\n: 02\/08\/2010 \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 Code
\n\tof Criminal Procedure (“the Code” for short), the
\n\tapplicant – State of Gujarat has prayed to grant leave to file
\n\tCriminal Appeal No.279 of 2010, which is directed against the
\n\tjudgment and order dated 10.11.2009 rendered in Sessions Case No.92
\n\tof 2008 by the learned Additional Sessions Judge and Presiding
\n\tOfficer, Fast Track Court, Anand, by which the respondent-accused
\n\t(“the accused” for short) came to be acquitted of the
\n\toffences punishable under Sections 363, 366 and 376 of the Indian
\n\tPenal Code (“the IPC” for short).\n<\/p>\n
The
\n\tprosecution case as disclosed in the FIR and unfolded during trial
\n\twas that;\n<\/p>\n
2.1\tThe
\n\tprosecutrix informed Vasad police that on or about 23.3.2008, she
\n\twas aged about 16 years and that she was residing with her parents
\n\tat Village Adas; at 5 a.m. in the morning, the accused forcibly
\n\tkidnapped her with evil object to cause illicit intercourse, and
\n\tthereafter, took her to various places and raped her. Her FIR was
\n\tregistered. During the course of investigation, statements of
\n\tmaterial witnesses were recorded. The accused was arrested. The
\n\tmedical examination of the prosecutrix as well as of the accused was
\n\tcarried out. Necessary articles were forwarded to FSL for
\n\texamination. After collecting required material for the purpose of
\n\tlodgment of chargesheet, chargesheet came to be filed in the Court
\n\tof learned JMFC, Anand. Since the offence  alleged against the
\n\taccused is triable by the Court of Sessions, learned JMFC committed
\n\tthe case to the Court of Sessions, Anand which was registered as
\n\tSessions Case No.92 of 2008 and the same was made-over to the Court
\n\tof learned Additional Sessions Judge and Presiding Officer, Fast
\n\tTrack Court, Anand (‘the trial Court’ for short) for trial.\n<\/p>\n
The
\n\ttrial Court framed charge against the accused to which he did not
\n\tplead guilty and claimed to be tried. Thereupon the prosecution
\n\texamined 11 witnesses and produced 11 documents detailed in
\n\tparagraph 6 in the impugned judgment and order. After the
\n\tprosecution concluded its oral evidence, the trial Court recorded
\n\tfurther statement of the accused under Section 313 of the Code, and
\n\tthe accused in his further statement denied generally all the
\n\tincriminating circumstances emerged from the record and put to him
\n\tby the trial Court and stated that he was falsely implicated in this
\n\tcase.\n<\/p>\n
3.1\tAfter
\n\tappreciating, analysing and scrutinizing the evidence on record, as
\n\twell as the submissions made on behalf of both the sides, the trial
\n\tCourt came to the conclusion that the prosecution failed to prove
\n\tits case beyond any reasonable doubt and ultimately recorded
\n\tacquittal of the accused which has given rise to this State Appeal.\n<\/p>\n
\tWe have considered the
\n\tsubmissions advanced by Mr.L.B.Dabhi, learned APP for the applicant\n<\/p>\n
\t– State of Gujarat. We have perused the impugned judgment and
\n\torder, and the set of evidence supplied by him during the course of
\n\this submission, so also the R & P of Sessions Case No.92 of 2008
\n\tcalled for by us from the trial Court vide order dated 12.7.2010.
\n\tThis Court has also undertaken a complete and comprehensive
\n\tappreciation of all vital features of the case and the entire
\n\tevidence on record with reference to broad and reasonable
\n\tprobabilities of the case.\n<\/p>\n
Considering
\n\tthe record and proceedings of the aforesaid Sessions Case, it
\n\ttranspires that the entire case centres round the evidence of the
\n\tprosecutrix, examined at Exh.40 as PW-3. We have gone through her
\n\tevidence. Her date of birth is 17.1.1992 and the incident occurred
\n\ton dated 23.3.208. Under such circumstances, on the day of the
\n\tincident, she was aged 16 years and 2 months. Her occipital test was
\n\talso performed and according to the opinion of the Medical Officer,
\n\tshe was aged between 15 to 17 years.\n<\/p>\n
5.1\tAbout
\n\tthe incident, the prosecutrix though in her examination-in-chief
\n\tstated that during night hours, while she was sleeping, the accused
\n\tcame near her cot and threatened her and took her to various places
\n\tand raped her, however, in her cross-examination, she admitted that
\n\tshe was in love with the accused.\n<\/p>\n
5.2
\n\tMoreover, the prosecution examined Medical Officers, namely, PW-5
\n\tDr.Patel, PW-6  Dr.Vaishnav and PW-7 Dr.Mehta. In the history given
\n\tby the prosecutrix before the Medical Officer, she stated that she
\n\twas knowing the accused since last three years and they both were in
\n\tlove. That many a times, sexual intercourse was caused. On
\n\t22.3.2008, she of her own will left her house and joined the accused
\n\tand they both moved together to different places. That the sexual
\n\tintercourse was caused with her consent. The trial Court in the
\n\taforesaid premises came to the conclusion that since the prosecutrix
\n\twas not under 16 years of age and as emerged from the record, she
\n\twas a consenting party, the trial Court came to the conclusion that
\n\tno offence charged against the accused can be said to have been
\n\tproved. The trial Court relying upon the evidence of Investigating
\n\tPolice Officer observed that the prosecutrix even before the
\n\tInvestigating Police Officer narrated the said facts, which she
\n\tnarrated before the Medical Officer in form of history. The trial
\n\tCourt further observed that even considering the conduct of the
\n\tprosecutrix, that during the time both the prosecutrix and the
\n\taccused moved to different places, she did not try to escape nor she
\n\tinformed anybody that either she was kidnapped or raped, goes to
\n\tsuggest that she was consenting party and especially when in the
\n\thistory before the Medical Officer as well as in her statement
\n\tbefore the Police Officer, she categorically stated that she was
\n\tconsenting party, the accused deserved acquittal. Moreover,
\n\tconsidering the case of the State of Himachalpradesh
\n\tVs.Sureshkumar (2008)10 SCC 104, it
\n\ttranspires that the respondent accused therein was facing charge of
\n\tthe offences punishable under Sections 363, 366 and 376 IPC and
\n\tconsidering the facts and circumstances of the case, the prosecutrix
\n\taged about 16 years had voluntarily accompanied the accused and was
\n\tconsenting party to sexual intercourse. While rejecting the State
\n\tappeal, Hon’ble the Apex Court observed that “since she had
\n\tvoluntarily accompanied and was a consenting party, the State appeal
\n\thad not merits”.\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\tand the complicity of the accused for commission of the offence is
\n\tnot established as there is no evidence against the accused to
\n\tconnect him with the alleged crime.\n<\/p>\n
\tIn view of the
\n\tunsatisfactory 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 of the
\n\toffences with which he is charged. We find ourselves in complete
\n\tagreement with the ultimate conclusion and the resultant order of
\n\tacquittal, as, in our view, no other conclusion was possible except
\n\tthe 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 there
\n\tis no infirmity in the reasons assigned by the trial Court for
\n\tacquitting the accused. Suffice it to say that the trial Court has
\n\tgiven cogent and convincing reasons for acquitting the accused and
\n\tthe learned A.P.P. has failed to dislodge the reasons given by the
\n\ttrial Court and  convince  this  Court  to take a view contrary to
\n\tthe one taken by the trial Court.\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 of the offences with  which he is
\n\tcharged.\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.279 of 2010 is dismissed.\n<\/p>\n
\t\t\t\t\t\t\t(A.M.\n<\/p>\n
Kapadia, J.)<\/p>\n
\t\t\t\t\t\t\t(J.C.\n<\/p>\n
Upadhyaya, J.)<\/p>\n
(binoy)<\/p>\n
\t\t   \u00a0\u00a0\u00a0<\/p>\n
\t\t   Top<\/p>\n","protected":false},"excerpt":{"rendered":"
Gujarat High Court State vs Bhagvanbhai on 2 August, 2010 Author: A.M.Kapadia,&Nbsp;Honourable Mr.Justice J.C.Upadhyaya,&Nbsp; Gujarat High Court Case Information System Print CR.MA\/1550\/2010 10\/ 10 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 1550 of 2010 In CRIMINAL APPEAL No. 279 of 2010 ========================================================= STATE OF GUJARAT – Applicant(s) Versus BHAGVANBHAI @ […]<\/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-55285","post","type-post","status-publish","format-standard","hentry","category-gujarat-high-court","category-high-court"],"yoast_head":"\nState vs Bhagvanbhai on 2 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\/state-vs-bhagvanbhai-on-2-august-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State vs Bhagvanbhai on 2 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-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=\"2010-08-01T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2015-07-27T23:22:47+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=\"9 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/state-vs-bhagvanbhai-on-2-august-2010#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/state-vs-bhagvanbhai-on-2-august-2010\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"State vs Bhagvanbhai on 2 August, 2010\",\"datePublished\":\"2010-08-01T18:30:00+00:00\",\"dateModified\":\"2015-07-27T23:22:47+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/state-vs-bhagvanbhai-on-2-august-2010\"},\"wordCount\":1824,\"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\\\/state-vs-bhagvanbhai-on-2-august-2010#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/state-vs-bhagvanbhai-on-2-august-2010\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/state-vs-bhagvanbhai-on-2-august-2010\",\"name\":\"State vs Bhagvanbhai on 2 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"2010-08-01T18:30:00+00:00\",\"dateModified\":\"2015-07-27T23:22:47+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/state-vs-bhagvanbhai-on-2-august-2010#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/state-vs-bhagvanbhai-on-2-august-2010\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/state-vs-bhagvanbhai-on-2-august-2010#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"State vs Bhagvanbhai on 2 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":"State vs Bhagvanbhai on 2 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\/state-vs-bhagvanbhai-on-2-august-2010","og_locale":"en_US","og_type":"article","og_title":"State vs Bhagvanbhai on 2 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"2010-08-01T18:30:00+00:00","article_modified_time":"2015-07-27T23:22:47+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":"9 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"State vs Bhagvanbhai on 2 August, 2010","datePublished":"2010-08-01T18:30:00+00:00","dateModified":"2015-07-27T23:22:47+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010"},"wordCount":1824,"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\/state-vs-bhagvanbhai-on-2-august-2010#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010","url":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010","name":"State vs Bhagvanbhai on 2 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"2010-08-01T18:30:00+00:00","dateModified":"2015-07-27T23:22:47+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/state-vs-bhagvanbhai-on-2-august-2010#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"State vs Bhagvanbhai on 2 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\/55285","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=55285"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/55285\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=55285"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=55285"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=55285"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}