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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, P.M.RAVAL
Motibhai Masarabhai Meghval (Paregi) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
P. M. RAVAL, J.
1. The present appeal is preferred by the appellant – original accused under the provisions of Section 374 of the Code of Criminal Procedure 1973 against the judgment and order of conviction and sentence dated 4.1.2016 passed in Sessions Case No.227 of 2015 (old No.220 of 2014) by the learned Additional Sessions Judge, Deodar.
2. The facts shorn of unnecessary details as they reveal from the documents are as follows :
2.1 Nagaram Pirathi Meghval – complainant lodged the FIR with Tharad Police Station which was registered as CR No.I-155 of 2014 for the alleged commission of offence punishable under sections 498-A, 302, 316 and 201 of INDIAN PENAL CODE inter alia alleging that for the last approximately eight months before filing of the FIR, the accused suspected character of deceased Keliben (daughter of the complainant) at the instigation of his family members and used to physically abused and mentally harassed the deceased. It is further alleged that on 28.6.2014 at about 10.30 O’clock when the deceased was in her hut which is in his field known as “Vadiya” situated in the sim of village Bevta, the accused – present appellant gave kick blow on the abdome
Conviction based solely on circumstantial evidence without direct witness support is insufficient; reliance on inadmissible evidence violates due legal standards.
Evidence reliance on Section 164 CrPC statements is inadequate when witnesses become hostile, illustrating the need for corroboration and admissibility standards in criminal proceedings.
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
The prosecution must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
The prosecution must prove the guilt of the accused beyond reasonable doubt, and any failure in procedural fairness, particularly in the examination of the accused, can lead to the quashing of a conv....
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