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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, HEMANT M. PRACHCHHAK
Jethiyabhai Bhavlabhai Rathva – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. circumstances of the case (Para 2 , 3 , 4) |
| 2. defense arguments for suspension (Para 5 , 6 , 7 , 8) |
| 3. court's examination of evidence (Para 9 , 10 , 11) |
| 4. suspension of sentence granted (Para 12) |
ORDER :
1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 10.09.2024 and order of sentence passed in Sessions Case No. 08 of 2019, whereby, the applicants herein were convicted and sentenced as under:
4. Facts and circumstances giving rise to file appeal as well as this application are that on 19.11.2018, at around 9:00 AM in the morning, while original first informant was out of his house in order to procure Aadhar Card of his father and returning back to his house at 6:00 PM in the evening, he saw his brother i.e, deceased, present in the house whereas, original first informant after having his dinner, when went out towards a field, at that juncture, he saw his brother (deceased) in the company of the applicant Nos.1 and 2 talking to each other, after which, original first informant returned back to his house and as
The theory of last seen together is insufficient for conviction without corroborative evidence and motive, warranting suspension of sentence.
Suspicion alone cannot replace proof beyond reasonable doubt; strong circumstantial evidence is essential for conviction.
Conviction based on circumstantial evidence requires corroborative proof; lack of such evidence warrants suspension of sentence.
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
The court emphasized that weak circumstantial evidence does not justify continued incarceration, especially for a mother of minor children.
Suspension of sentence requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
Suspension of sentence granted due to insufficient circumstantial evidence and the applicant's prolonged imprisonment without appeal prospects.
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