Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Koyjibhai Himmatbhai Tadvi – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. procedural appeal regarding conviction (Para 1 , 2) |
| 2. arguments on failure to follow due process (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. procedural fairness in land ownership claims (Para 9 , 10 , 11 , 12) |
| 4. mandatory conditions under section 344 of cr.p.c. (Para 13 , 14 , 15 , 16) |
| 5. court obligations to follow proper trial procedures (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. importance of evidence and opportunity in trials (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. judicial discretion in admitting evidence (Para 33 , 34 , 35 , 36 , 37) |
| 8. impact of procedural error on legal outcomes (Para 38 , 39 , 40 , 41 , 42 , 43) |
| 9. final verdict and acquittal rationale (Para 44) |
JUDGMENT :
GITA GOPI, J.
1. The present Criminal Appeal is under Section 351 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) against the judgment and order of conviction dated 16.09.2004 passed by the learned Additional Sessions Judge, Vadodara in Atrocity Case No.24 of 1998 whereby both the appellants who were the complainant and witnesses in the trial came to be convicted for the offence punishable under Section 344 of the Cr.P.C. allegedly for giving false evidence.
2. During the course o
The court emphasizes the necessity for adherence to mandatory procedural safeguards in summary trials for false evidence to ensure fairness and uphold the principle of natural justice.
The court emphasized the necessity of following established procedures in trials for perjury, ruling that failure to do so results in an unfair conviction.
The court ruled that mere inconsistencies in testimony do not constitute perjury under Section 344 Cr.P.C. unless there is evidence of wilful intent to give false evidence.
Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code o....
The court emphasized that additional evidence under Section 391 of the Cr.P.C. must not prejudice the accused and should only be admitted if necessary to prevent a failure of justice.
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
