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2015 Supreme(Guj) 208

J.B.PARDIWALA
DHAVAL GOPALBHAI DOBARIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared
MR K S CHANDRANI, ADVOCATE for the Applicant(s) No. 2
MR. N.J. SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1

JUDGMENT :

1. By this application under Article 227 of the Constitution of India, the applicants-original accused call in question the legality and validity of the order dated 18th March, 2015 passed by the Additional Sessions Judge, Jetpur below exhibit-79 in the Sessions Case No.22 of 2014 by which the learned Sessions Judge allowed the application exhibit-79 filed by the public prosecutor appearing for the State seeking permission to put a leading question to a doctor as an expert witness in his examination in chief.

2. The facts giving rise to this application are as under:

2.1 The applicants are facing trial in the court of the learned Sessions Judge, Jetpur for the offence punishable under sections 376(1)(2)D, 323, 504, 506(2) read with 114 of the Indian Penal Code. In the course of the trial, Dr. Kirtan Manojbhai Vyas, a Gynecologist entered the witness box as the Prosecution Witness No.6. His evidence was recorded at exhibit-78. In the course of his examination in chief, the public prosecutor preferred an application exhibit-79 before the trial court and sought permission to put a leading question to the doctor under section 142 of the Evidence Act in the form of an opinion.


















































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