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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAULIK J.SHELAT, P.M.RAVAL
State Of Gujarat – Appellant
Versus
Jethabhai Danabhai – Respondent
JUDGMENT :
P. M. RAVAL, J.
1. At the outset, learned Additional Public Prosecutor submits report dated 18.12.2025 of the Police Inspector, Manavadar Police Station, stating that except accused No.2 - Amrutlal Jethabhai Jadav and accused No.5 - Shantilal Jethabhai Jadav rest three accused persons namely Jethabhai Danabhai Jadav - accused No.1, Vrajlal Jethabhai Jadav – accuse No.3 and Devshibhai Devrajbhai Parmar – accused No.4 have expired. The said report is taken on record. Accordingly, the present appeal appeal against the original accused Nos.1, 3 and 4 stands abated, and thus, present appeal remains against the original accused Nos. 2 and 5 only.
2. The present appeal is preferred by the State of Gujarat under the provisions of Section 378 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) being aggrieved and dissatisfied of the judgment and order of acquittal for the offence punishable under Sections 147 , 148, 149, 302 and 325 of the Indian Penal Code, 1860, (for short “ IPC ”) and Section 135 of the Bombay Police Act (for short “B.P. Act”), passed by the learned Additional Sessions Judge, Junagadh, dated 15.09.1998, in Sessions Case No.160 of 1995.
The appellate court upheld the trial court's acquittal due to unreliable evidence and inconsistencies in eyewitness testimonies, reaffirming the presumption of innocence and caution in overruling pos....
(1) Appreciation of evidence – Testimonies of prosecution witnesses, before their acceptance must be tested on established parameters of appreciation of evidence.(2) Appreciation of evidence – Positi....
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.
Acquittal cannot be disturbed unless the trial court's findings are perverse or not supported by evidence; proof beyond reasonable doubt is essential.
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