Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Gita Gopi, Utkarsh Thakorbhai Desai
State Of Gujarat – Appellant
Versus
Shanabhai Mohanbhai Gohil – Respondent
| Table of Content |
|---|
| 1. charges against accused for murder and harassment. (Para 1 , 2 , 3) |
| 2. discrepancies in witness accounts affect credibility. (Para 4 , 5 , 6) |
| 3. lack of formal complaints noted; parents aware. (Para 7 , 8 , 9 , 10) |
| 4. post-mortem report contradicts witness claims. (Para 11 , 12 , 13 , 14 , 15) |
| 5. high court's review of acquittal standards. (Para 16 , 17) |
| 6. appeal dismissed; trial court findings upheld. (Para 18) |
JUDGMENT :
GITA GOPI, J.
1. The challenge is given to the judgment and order of acquittal dated 20.05.1999 passed by the learned Sessions Judge, Vadodara in Sessions Case No.279 of 1997 whereby the two accused came to be acquitted under the charge of Section 302 , 354 and 109 of the INDIAN PENAL CODE (IPC).
2. Learned Additional Public Prosecutor Ms. Monali Bhatt took us to the charge framed below Exhibit 10. As per the charge, accused No.1-Shanabhai Mohanbhai Gohil was forcing deceased-Gita Shankarbhai Padhiyar to fall in love with him, while the charge says that deceased was against it. As per the prosecution case, accused No.2-Ravjibhai Becharbhai Padhiyar used to always accompany accused No.1 and accused No.1 would follow the instructions of the accused No.2.
In acquittal appeals, the presumption of innocence prevails unless the trial court's findings are perverse, and two reasonable interpretations of evidence favoring the accused must be upheld.
The appellate court confirmed that an acquittal reinforces the presumption of innocence and cannot be overturned unless found to be unreasonable or perverse, even if another view is possible.
The main legal point established in the judgment is that in an appeal against acquittal, the appellate court should not disturb the findings of acquittal recorded by the trial court if two reasonable....
The judgment underscores the high standard of proof required in criminal cases, the presumption of innocence in favor of the accused, and the limited scope of appellate review in acquittal appeals.
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
