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HIGH COURT OF GUJARAT
MR. JUSTICE HEMANT M. PRACHCHHAK, J
State of Gujarat – Appellant
Versus
Parvatbhai Navalsinh Rathod – Respondent
JUDGMENT :
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 05/11/2009 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Dahod (hereinafter referred to as “the trial court”) in Sessions Case No.42 of 2009, whereby, the learned Trial Judge has acquitted the original accused respondent herein for the offence punishable under Sections 498(A) and306 of the Indian Penal Code (for short “the IPC”).
2. The brief facts giving rise to the present appeal are as under :
2.1 On 21/12/2008, the complainant namely, Shakarabhai Madubhai Sangod, resident of Amlimenpur, Ta.Dhanpur had dictated the facts of the complaint before PSI, Garbada that he has four daughters and one son. Out of them, marriage of his daughter namely, Champaben was done before around four years with Pavansinh Navalsinh Rathod of village Dadur. On 01/12/2008, younger brother of husband of his daughter namely, Kanubhai Navalsinh and Mandor Rameshbhai Badubhai from village Dadur came to his house at around 4.00 p.m. in the ev
The prosecution must prove beyond reasonable doubt that the accused's conduct amounted to 'cruelty' leading to the victim's suicide, which was not established in this case.
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....
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 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 court emphasized that mere allegations of harassment are insufficient to establish abetment of suicide; clear evidence of intent and coercion is required.
Appeal against acquittal – When two views are possible, judgment and order of acquittal passed by trial Court should not be interfered with by Appellate Court unless for special reasons.
In acquittal appeals, the presumption of innocence is paramount, and the appellate court should not interfere unless the trial court's conclusions are unreasonable or perverse.
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
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