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2025 Supreme(Guj) 197

HIGH COURT OF GUJARAT
S.V. PINTO
State of Gujarat – Appellant
Versus
Suresh @ Chandu Valabhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhargav Pandya
For the Respondent: Ashish M. Dagli

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order dated 01.10.2007 in Sessions Case No.48 of 2004 passed by the learned Additional Sessions Judge and Presiding Officer, 7th Fast Track Judge, Gondal camp at Dhoraji (hereinafter referred to as ‘the learned Trial Court’), whereby, the learned Trial Court has acquitted the respondents – accused from the offences punishable under Sections 498(A), 323, 306 and 114 of the Indian Penal Code (hereinafter referred to as ‘the IPC’). The respondents are hereinafter referred to as ‘the accused’ as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under:

2.1. The accused No.1 was married to Rekhaben and was her husband, The accused Nos.2 and 3 are father-in-law and mother-in-law of Rekhaben and all the accused used to mentally and physically harass Rekhaben to such an extent that on 28.05.2002, at about 5:30am, Rekhaben took her minor daughter Deval, aged about

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