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GUJARAT HIGH COURT
A.P. Thaker, J
State of Gujarat v. Kanubhai Becharbhai Damor
| Table of Content |
|---|
| 1. appeal includes challenge to trial court's order. (Para 1 , 2) |
| 2. prosecution's arguments presented in appeal. (Para 3 , 4) |
| 3. crucial court observations and considerations. (Para 5 , 6 , 7) |
| 4. court analyzes legal standards for conviction. (Para 8 , 9 , 10 , 11) |
| 5. final conclusions affirming trial court's judgment. (Para 12 , 13 , 14 , 15 , 16) |
1. The present Appeal has been filed by the State under S.378 of the Code of Criminal Procedure, 1973 , challenging the judgment and order dated 02.12.1998 passed by learned Additional Sessions Judge, Sabarkantha (hereinafter referred to as "the Trial Court") in Session Case No.31 of 1995. By way of the impugned judgment and order, after giving benefit of doubt, the accused have been convicted under S.304 Part - II read with S.34 of the Indian Penal Code, 1860 (hereinafter referred to as " IPC ") with S.135 of Bombay Police Act instead of S.302 of I.P.C by the Trial Court.
2. The short facts of the prosecution case read as under: -
2.1 The alleged incident took place at approximately 20:30 hours on 13th November, 1994. It has been alleged that as the Accused No.1 having an illicit relationship with the daughter of Savjibhai a
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