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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D.M. VYAS
State Of Gujarat – Appellant
Versus
Dhirubhai Lakhabhai Makwana – Respondent
| Table of Content |
|---|
| 1. details of prosecution's case and trial outcome. (Para 1 , 2) |
| 2. analysis of evidence and testimony discrepancies. (Para 3 , 4) |
| 3. dismissing the appeal confirming acquittal. (Para 5) |
JUDGMENT :
CHEEKATI MANAVENDRANATH ROY, J.
1. The respondent Nos. 1 to 3 were prosecuted for the offences punishable under Sections 447, 392, 397 r/w. Section 114 of the Indian Penal Code, 1860 (IPC) and under Section 135 of the Bombay Police Act in Sessions Case No. 98 of 2009 on the file of learned Sessions Judge, Bhavnagar. At the culmination of the trial, they were acquitted of all the aforesaid charges by the impugned judgment dated 10.10.2012. Aggrieved thereby, the State has preferred the instant appeal assailing the legality and validity of the said judgment of acquittal.
2. Brief overview of the facts of the prosecution case may be stated as follows:
2.1 The complainant is an agriculturist by profession. There was a rivalry between the complainant and the accused who are accused Nos. 1 to 3 (A1 to A3) in the said case. On the night of 05.01.2009, the complainant, who is examined as PW-1, was sleeping in his field on a cot. While he was sleeping, at about 3:00 a.m., it is stated, t
The prosecution's failure to prove charges beyond reasonable doubt renders the accused entitled to acquittal and benefit of doubt.
The need for consistency and credibility in evaluating evidence in criminal cases, and the requirement to prove common intention under S.149 IPC.
Prosecution must prove guilt beyond reasonable doubt; significant contradictions in witness testimony can invalidate a case leading to acquittal.
The prosecution failed to prove the charges of robbery and assault, leading to the acquittal of the accused due to lack of reliable evidence.
Point of Law : When once the doubt arise in the mind of the court, the benefit of such doubt should always accrue on the part of the accused and it is the doctrine of criminal justice delivery system....
The Code of Criminal Procedure, 1973, puts no limitations, restrictions, or conditions for exercising power by the appellate Court.
The testimonial weight of an injured witness, corroborated by medical evidence and consistent eyewitness accounts, warrants conviction, overriding the trial court's acquittal.
In appeals against acquittal, material contradictions in prosecution witnesses, doubtful presence, and failure to examine natural witnesses entitle accused to benefit of doubt where two views possibl....
Point of law : It is a quality and not quantity which determines adequacy of evidence as has been provided under Section 134 of Indian Evidence Act 1872-
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