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HEMANT M. PRACHCHHAK
STATE OF GUJARAT – Appellant
Versus
CHARANSINH PRABHATSINH PATELIYA – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The present appeal is filed by the appellant-State of Gujarat (original complainant) under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 31.5.2008 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Panchmahal, Godhra (hereinafter referred to as “the trial Court”) in Sessions Case No. 154 of 2007, whereby, the learned the trial Court has acquitted the original accused-respondents herein for the offence punishable under Sections 498(A), 306 and 114 of the Indian Penal Code (for short “the IPC”).
2. The brief facts giving rise to the present appeal are that one Samratben wife of Jitsinh Raysinh Bariya lodged an FIR at Rajgadh Police Station being C.R. No. I-66 of 2007 against present respondents-original accused for the offence punishable under Sections 498(A), 306 and 114 of IPC wherein, the informant has stated that her daughter namely Neetaben (hereinafter referred to as ‘deceased’) got married with the accused No. 1 before about two years and due to the said wedlock deceased delivered a male child aged about 11 months.
2.1 The deceased was residing w
The prosecution failed to establish the elements of abetment and cruelty, leading to the upholding of the trial Court's acquittal.
The prosecution must provide clear evidence of instigation or connection to establish charges of cruelty and abetment of suicide under IPC; mere allegations are insufficient.
The presumption of abetment under Section 113A of the Evidence Act does not apply automatically; the prosecution must prove cruelty to establish guilt under Sections 306 and 498A IPC.
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
The court confirmed that to convict for abetment of suicide, clear evidence of instigation or intent must be established, which was not proven in this case.
The appellate court upheld the trial court's acquittal of respondents due to insufficient evidence of cruelty and abetment of suicide, emphasizing the presumption of innocence and the need for substa....
The prosecution must prove charges beyond reasonable doubt; mere allegations of harassment are insufficient for conviction under IPC sections related to abetment of suicide.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for compelling evidence to overturn such decisions.
The appellate court upheld the trial court's acquittal due to insufficient evidence of abetment of suicide and cruelty, emphasizing the presumption of innocence and the burden of proof on the prosecu....
Abetment of suicide – Merely on allegation of harassment without their being any positive action proximate to the time of occurrence on part of accused which led or compelled the person to commit sui....
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