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HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Vaniya Mukeshkumar Jethalal – Respondent
JUDGMENT :
Hemant M. Prachchhak, J.
1. The present appeal is filed by the appellant – State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code against the impugned judgment and order dated 18.04.2009 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Patan (hereinafter referred to as “the trial Court”) in Sessions Case No.60 of 2008 whereby the trial Court acquitted the accused from the charges levelled against the accused for the offences punishable under Section 498A, 323, 306, 114 etc of the Indian Penal Code.
2. Brief facts of the present case are, in nutshell, as under:-
2.1 It is the case of the prosecution that on 26.06.2008 at about 12.15 hours Alkaben married with accused No.1 and out of the said wedlock, they have two children i.e. one daughter namely Sonal @ Swati aged about 15 years and one son namely Hardik aged about 12 years and the marriage span of 19 years. It is also the case of the prosecution that Alkaben was residing separately with her husband and two children at Village: Kundher. That because of the dislike her by the the accused – husband, who was compelled her to keep illicit relation with others and for which, other accused
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
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, emphasizing the presumption of innocence and the necessity for compelling evidence to overturn such decisions.
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.
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.
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....
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