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2016 Supreme(Guj) 488
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.S. Jhaveri & G.B. Shah, JJ.
State of Gujarat – Appellant
Vs.
Mansukh – Respondent
Criminal Appeal No. 206 of 1996
Decided On : 17-03-2016
For the Appellant : Shruti Pathak, A.P.P.
For the Respondent:P.H. Buch, Advocate.
The appellate court should not interfere with the finding of acquittal unless the lower court's approach is vitiated by manifest illegality or the decision is perverse.
Headnote:
Acquittal - Criminal Procedure - Code of Criminal Procedure, 1973 - Section 378 - Indian Penal Code, 1860 - Sections 363, 366, 376
Fact of the Case:
The case involved the alleged abduction and rape of a minor girl. The accused was acquitted by the trial court, and the state appealed the decision.
Finding of the Court:
The court found that the prosecution failed to prove the case against the accused beyond reasonable doubt. It noted serious lapses in the prosecution case, including doubts regarding the Test Identification Parade and lack of support from the FSL Serological Report. The court concluded that the trial court's findings were just and proper, and no illegality or infirmity was committed.
Issues: The main issue was whether the trial court's acquittal of the accused was justified, and whether the state's appeal should be allowed.
Ratio Decidendi: The court emphasized the principle that in an appeal against acquittal, the appellate court should not interfere with the finding of acquittal unless the lower court's approach is vitiated by manifest illegality or the decision is perverse. The court re-evaluated the evidence and found that the trial court's findings were justified.
Final Decision: The appeal was dismissed, and the trial court's judgment and order of acquittal were confirmed. The bail bond was cancelled.
K.S. Jhaveri, J.
1. The present appeal, under Section 378 of the Code of Criminal Procedure, 1973 (for brevity, the Code) is directed against the judgment and order dated 02.12.1995, passed by the learned Additional Sessions Judge, Bhavnagar, Camp: Mahuva, in Sessions Case No. 243 of 1994, whereby the respondent herein - original accused has been acquitted of the charges levelled against him for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (for brevity, the IPC).
2. Brief facts of the prosecution case are that on 17.08.1994 at about 12:00 p.m. when the minor daughter of complainant - Vamanbhai Nanjibhai, aged about 12 years, was returning to him after school, at that time, near Gandhibaugh in Mahuva, the respondent - accused, allegedly introducing him as a friend of her father, brought the victim in his bicycle illegally from the lawful guardianship of the complainant without his consent and thereby, abducted her and thereafter, took her in a field situated in the sim of village: Maliya and committed rape on her and for the said alleged offence, a complaint came to be lodged against the accused for the aforesaid offences.
2.1 Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Sessions Court, Bhavnagar, Camp: Mahuva.
2.2 The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution produced oral as well as documentary evidence.
2.3 In order to bring home the charge against the accused, the prosecution has examined following witnesses and also produced several documentary evidence as under:-
ORAL EVIDENCE
S. No.
Name of Witness
Exhibit
1.
PW-1 Dr. Sunandaben Patel
8
2.
PW-2 Vamanbhai Nanjibhai, complainant
15
3.
PW-3 Mahendrabhai Govindram
16
4.
PW-4 Kirtilal Girdharlal Vyas, Executive Magistrate
19
5.
PW-5 Kirtikumar Jitendraray
34
6.
PW-6 Ashokvan Himatbhai
46
7.
PW-7 Ukabhai Naranbhai
48
8.
PW-8 Shamjibhai Jethabhai
49
9.
PW-9 Vinubhai Govindbhai
50
10.
PW-10 Ramnikbhai Naranbhai
51
11.
PW-11 Krunalbhai Vamanbhai, brother of the victim
52
12.
PW-12 Ranjanben Vamanray, mother of the victim
53
13.
PW-13 Pravinsinh Gohil, Head Constable
54
14.
PW-14 Jashubha Veljibhai
56
15.
PW-15 PSI Jadeja
58
16.
PW-16 Victim
63
17.
PW-17 PSI Rajput, IO
64
DOCUMENTARY EVIDENCE
DOCUMENTARY EVIDENCE
S. No.
Document
Exhibit
1.
Panchnama as to physical condition of the victim
23
2.
Dog squad calling form
24
3.
Samples produced by Mangalaben, Police Constable
25
4.
Yadi as to forwarding samples to FSL, Junagadh
26
5.
Panchnama as to physical condition of the accused
27
6.
Panchnama of clothes produced by the accused
28
7.
Samples produced by Jasvantbhai, Police Constable
29
8.
School Leaving Certificate of victim
30
9.
School Presence Sheet
31
10.
Yadi to FSL, Junagadh
32
11.
Receipt of FSL
33
12.
Letter of FSL, Junagadh
34
13.
FSL Report
35
14.
Serological Report
36
15.
Letter as to medical examination of the accused
13
16.
Yadi as to collection of samples of the accused
14
17.
Panchnama of place of offence
37
18.
Dog Squad Panchnama
38
19.
Panchnama as to seizure of shirt of the accused
39
20.
Photographs of the accused with other woman
40 to 43
21.
Dog
