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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
State Of Gujarat – Appellant
Versus
Chakubha Alusinh Solanki – Respondent
| Table of Content |
|---|
| 1. circumstances around the political assault incident. (Para 4 , 5) |
| 2. defense arguments claim misuse of law. (Para 11 , 12) |
| 3. principle of parity in sentencing discussed. (Para 15 , 16) |
| 4. mandatory provisions of probation violated. (Para 17 , 19) |
| 5. final judgment outcome. (Para 20) |
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. Since, the facts of the case and issue involved in captioned appeals are identical and arise out of the same judgment, both the appeals are taken up together and are being disposed of by this common judgment.
2. The conviction appeal (Criminal Appeal No.2072 of 2009) is filed by the accused herein against the judgment of conviction and order of sentence dated 30.09.2009 passed by the learned Additional Sessions Judge, Nadiad, Kheda in Sessions Case No.80 of 2007, whereby the appellants – original accused no.A1 to A5, A7, A10, A11 and A12 came to be convicted for the offences punishable under Sections 323 , 324 and 326 of the IPC and they were sentenced as under:
| Accused | Conviction under Section | Punishment | Fine | In default of fine |
| Chakubha Alusinh Solanki | Section 326 of IPC | RI for 3 years | Rs.2,500/- | SI for 4 months |
| Chakubha Alusinh Solanki | Section | |||
The court emphasized the principle of parity in sentencing, ensuring similar roles in crime led to aligned convictions, and mandated adherence to the statutory requirements for probation.
In cases of minor offenses with no criminal antecedents, courts may prioritize rehabilitation over punishment and grant probation under the Probation of Offenders Act, especially when significant tim....
Conviction upheld - Voluntarily causing grievous hurt - X-ray report - Oral evidence of victim matches with medical evidence and injury report has been proved.
The appellate court's lenient sentencing for serious assault injuries was insufficient, underscoring principles of proportionality and deterrence in criminal sentencing.
The court held that insufficient evidence of intent to cause death led to the acquittal of the accused from serious charges while affirming some convictions based on the established facts.
Violation of procedural rules in SC & ST Act investigations vitiates trial outcomes; the conviction under lesser charges can be maintained despite initial assault intensity.
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