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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, R.T.VACHHANI
State Of Gujarat – Appellant
Versus
Govindbhai Mavjibhai Chovatiya – Respondent
| Table of Content |
|---|
| 1. appeal based on previous acquittal details. (Para 1 , 2 , 3) |
| 2. witnesses provide conflicting accounts of cruelty. (Para 4 , 7 , 8 , 9) |
| 3. prosecution argues against acquittal. (Para 5 , 6) |
| 4. hostile witnesses weaken prosecution case. (Para 10 , 11 , 12 , 13) |
| 5. court's reasoning on evidence reliability. (Para 14 , 15) |
| 6. principles of appeal against acquittal discussed. (Para 16 , 17) |
| 7. final judgment dismisses the appeal. (Para 18 , 19) |
JUDGMENT :
R. T. VACHHANI, J.
1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 08.05.2003 passed by the learned Additional Sessions Judge, Fast Track Court, Rajkot in Sessions Case No. 133 of 2001 for the offences punishable under Sections 498 -A, 302, 304-B, 34, 120-B of the Indian Penal Code and Section 2 of the Dowry Prohibition Act, the appellant – State of Gujarat has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).
2. The brief facts leading to the filing of the present appeal are as under:
2.1. As per the prosecution case, the marriage of the deceased Rasilaben had taken place only three months prior to the incident with accused No.
The appellate court reaffirmed that acquittal carries a double presumption of innocence, emphasizing the requirement of proving guilt beyond a reasonable doubt, with significant evidence contradictio....
The appellate court upheld the acquittal of the accused due to insufficient evidence and contradictions in witness testimonies, reinforcing the presumption of innocence.
The presumption of innocence, the need for clear evidence to prove guilt, and the reluctance to disturb a finding of acquittal unless it is perverse or unsustainable in law.
Point of Law : The scope of Section 378 of Cr.P.C., in dealing with an appeal against the order of acquittal is to be borne in mind.
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
The prosecution must prove guilt beyond reasonable doubt; mere allegations are insufficient for conviction, reinforcing the presumption of innocence for the accused.
The appellate court upheld the acquittal, emphasizing the necessity of proving guilt beyond a reasonable doubt and respecting the presumption of innocence.
The appellate court upheld the trial court's acquittal of respondents due to insufficient evidence of cruelty and abetment of suicide, emphasizing the presumption of innocence and the need for substa....
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