Back
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 :
HEMANT M. PRACHCHHAK, J.
1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
2. By way of this application under Section 430 of BNSS, 2023, the applicants namely, Jethiyabhai Bhavlabhai Rathva, Nevsingbhai Jethiyabhai Rathva and Vitthalbhai Jethiyabhai Rathva, seek suspension of sentence awarded to them by the Sessions Court concerned for the offence punishable under Sections 302, 201 and 114 of the Indian Penal Code.
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:
| Section | Imprisonment | Fine | In default |
| S.302 read with 114 of IPC | Imprisonment for Life | 10000 | Imprisonment for 6 months |
| S.201 read with 114 | Imprisonment for 7 Yrs | 2000 | Imprisonment for 2 months |
4. Facts and circumstances giving rise to file appeal as well as this applicatio
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
