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2024 Supreme(Guj) 1810

HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Siddheshwar @ Balasaheb Shankar Naikvade – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS JYOTI BHATT APP
For the Respondent: K T BELADIYA

JUDGMENT :

1. Present appeal is filed by the appellant – State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the impugned judgment and order dated 21.02.2009 passed by the learned Sessions Judge, Navsari (hereinafter be referred to as “the trial Court”) in Sessions Case No. 42 of 2008 for the offences punishable under Sections 498(A), 306 and 114 etc of the Indian Penal Code whereby the the trial Court has acquitted the accused for the alleged offences.

2. Brief facts of the present case, in nutshell, are as under:-

2.1 It is the case of the prosecution that the daughter of the complainant namely Sadhnaben married with accused No.1 as per their ritual at Brampur, Taluka: Mangalveda, District: Solapur, Maharashtra and accused No.1 was serving as driver in Vasudhara Dairy at Chikhali Aalipur, District: Navsari and out of the wedlock, they have one child namely Shubham aged about eight months. It is the case of the prosecution that after delivery of two months, Sadhnaben was brought by her husband and sister-in-law and Sadhnaben was residing with her husband and child at Chikhali and two months prior on 22.05.2008, two kilometer away from the complainant

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