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S. H. VORA, RAJENDRA M. SAREEN
State Of Gujarat – Appellant
Versus
Mehbub Bhikhabhai Qureshi – Respondent
JUDGMENT :
(Rajendra M. Sareen, J.)
1. Present Criminal Appeal has been preferred by the appellant – State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 28/01/1997 passed by the learned Sessions Judge, Vadodara in Sessions Case No.54 of 1996 acquitting the respondent original accused from the offence punishable under section 302 of Indian Penal Code.
2. The crux of the case of the prosecution is as under:- Complainant Ahmed-Hussain Bhikhumiya Malek, resident of Kalyannagar, Kamatibaug, Vadodara is working as a watchman in Jyoti Limited Company. He has six sons and two daughters out of which marriage of elder daughter – Abeda was performed before four years with Maheboobmiya Bhikhumiya Kureshi, resident of Village Gorva. Maheboobmiya has one earlier wife also. Prior to two years from the date of incident, daughter of the complainant Abeda and her husband were residing in a hut near their house in Kalyannagar Tekara. Out of the wedlock of the daughter of the complainant and Maheboobmiya, one daughter has born whose name is Taslim. Since the Abeda has not delivered son child, Maheboobmiya frequently quarrel with her and was taunt
The main legal point established in the judgment is the requirement for corroboration and consistency in dying declarations, and the principle of giving the benefit of doubt to the accused when two r....
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
An appellate court must respect the presumption of innocence after an acquittal and may only intervene if the trial court's decision is perverse or unsupported by credible evidence, emphasizing the h....
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
The prosecution must prove guilt beyond reasonable doubt, and acquittals should not be interfered with unless found to be perverse or unsupported by evidence.
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