Section 306 IPC Applicability - The court examined the procedural requirements for invoking Section 306 of the IPC, emphasizing the importance of proper procedures before initiating trial for abetment of suicide. The judgment analyzed the scope of Section 306, including the necessity of establishing abetment and the procedural safeguards involved MANGALABHAI BABUBHAI KHAMBHU vs STATE OF GUJARAT - Gujarat.
Definition and Scope of Abetment - Justice Gita Gopi discussed that the term abetment under Section 306 IPC is not explicitly defined in the section itself. However, referencing Section 107 IPC, she clarified that abetment involves instigating, engaging in, or aiding the commission of an offense. The court highlighted the importance of credible evidence to prove abetment in suicide cases SAMIR BIPINBHAI MARADIYA @ VANIYA vs STATE OF GUJARAT - Gujarat.
Evidence and Conviction Standards - In cases involving Section 498A IPC and related offenses, Justice Gita Gopi stressed the necessity for credible, corroborative evidence to secure conviction. The judgments underline that inadequate sentences or weak evidence could undermine justice and emphasize the importance of thorough evidence evaluation State of Gujarat vs Gopalbhai Madhukarbhai Adhav - Gujarat.
Defamation and Reporting of Court Proceedings - The court clarified that publishing a substantially true report of court proceedings is not defamation, citing exceptions under IPC Section 499. Statements made in good faith during judicial proceedings or legislative discussions are protected, provided they are substantially true and made without malice Subramanian Swamy VS Union of India - Crimes, Subramanian Swamy VS Union of India, Ministry of Law - Supreme Court.
Procedural Rules and Justice - Justice Gita Gopi emphasized that procedural rules like Order 8 Rule 2 CPC are meant to facilitate justice, not hinder it. She advocated for a flexible interpretation of procedural sections to ensure justice is served, avoiding overly technical constructions that could obstruct the cause of justice SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad.
Judgments on Specific Cases - Several orders and judgments involve cases under Sections 306, 323, 504, 506(2), and 114 IPC, where Justice Gita Gopi has addressed issues ranging from abetment of suicide to criminal liability of individuals involved. Her rulings often focus on the sufficiency of evidence and procedural correctness PARMAR KANKUBEN W/O KANABHAI @ KOHYABHAI PARMAR V/s STATE OF GUJARAT - Gujarat, JADAV JAYANTIBHAI NAROTTAMDAS V/s THE STATE OF GUJARAT - Gujarat, STATE OF GUJARAT V/s DEVENDRAKUMAR BABULAL AGRAWAL - Gujarat, ASHOKKUMAR HARSHADBHAI BRAHMIN V/s STATE OF GUJARAT - Gujarat.
Analysis and Conclusion:
Justice Gita Gopi's judgments reflect a careful balance between procedural safeguards and substantive justice, especially in cases involving serious offenses like abetment of suicide under Section 306 IPC. She underscores the importance of credible evidence, proper procedural adherence, and the protection of free speech in reporting judicial proceedings. Her approach promotes justice through meticulous analysis of evidence and adherence to legal principles, ensuring that convictions are not based on weak grounds but on substantiated facts Multiple references.
References: - INDGUJ00000207434 - INDGUJ00000067898 - 01300042182 - 00500028183 - 00100058192 - 02500080483 - INDGUJ00000031302 - INDGUJ00000208588 - INDGUJ00000208709 - INDGUJ00000211142
In this judgment, the court analyzed the applicability of Section 306 of the IPC regarding the offenses in question, citing that ... The primary issue discussed revolved around procedural requirements for invoking Section 306 of the IPC, stressing the importance ... JUSTICE GITA GOPI Date : 25/09/2025 COMMON ORAL ORDER 1. Learned advocate Mr. ... Code (IPC) becomes applicable and therefore, necessary procedure is undertaken before the trial Court for....
(A) Indian Penal Code - Sections 306 and 107 - Abetment of suicide - Accused challenged the First Information Report alleging wrongful ... Sd/- (GITA GOPI,J) Caroline ... The criminal courts are clothed with inherent power to make such orders as may be necessary for the ends of justice. ... The word ‘‘abetment’’ has not been explained in Section 306 IPC. In this context, the definition of abetment as provided under Section 107 IPC is pertinen....
(A) Criminal Procedure Code, 1973 - Sections 377 and 378(1)(3) - Indian Penal Code, 1860 - Section 498A - Conviction of husband for ... ... ... Ratio Decidendi: Court emphasizes the necessity for credible, corroborative evidence for convicting based on IPC 498A. ... (Paras 12-14) ( ... ... Facts of the case: ... Conviction under Section 498A IPC appealed by the ... JUDGMENT : GITA GOPI, J. 1. ... Imposing inadequate sentences will do more harm to the justice system and may lead to ....
fact – In terms of 4 th Exception it is not defamation to publish a substantially true report of the proceedings of a court of justice ... proceedings of a House of Legislature or Parliament – Fifth Exception stipulates that an opinion on merits of a case decide by a court of justice ... (a) Defamation – Indian Penal Code, 1860 – Section 499 – Defamation – Defamatory statement – A statement tending to lower a person ... Explanation. - A Justice of the Peace or other officer holding an inquiry in open Court preliminary to....
fact – In terms of 4 th Exception it is not defamation to publish a substantially true report of the proceedings of a court of justice ... proceedings of a House of Legislature or Parliament – Fifth Exception stipulates that an opinion on merits of a case decide by a court of justice ... (a) Defamation – Indian Penal Code, 1860 – Section 499 – Defamation ... ... Explanation. - A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Cou....
It observed that Rule 2 of order 8 CPC is rule of practice and convenience and justice. This procedural rule is to subserve and not enslave the cause of justice. ... Political are such as are not connected immediately with the administration of justice, or the execution of the mandates of a superior officer. Judicial are those which relates to the administration of justice. ... Too technical construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provi....
JUSTICE GITA GOPI Date : 01/08/2024 COMMON ORAL ORDER 1. ... (GITA GOPI,J) Pankaj ... Arvalli on 24.08.2023, under sections 306 and 114 of IPC. 3. ... and 114 of Indian Penal Code. ... Aravalli for the offences punishable under sections 323, 504, 506(2) and 114 of IPC against the original complainant of the present matter, her son and her husband.
JUSTICE GITA GOPI and HONOURABLE MR. JUSTICE HEMANT M. ... JUSTICE GITA GOPI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 21/11/2025 ORAL JUDGMENT (PER : HONOURABLE MS. ... JUSTICE GITA GOPI) 1. The appeal has been filed by the State under Section 378 (1) (2) of Criminal Procedure Code, 1973 (hereinafter referred to as ‘Cr.PC’). ... (GITA GOPI,J) (HE....
JUSTICE GITA GOPI Date : 11/11/2025 ORAL JUDGMENT 1. ... JUSTICE GITA GOPI ========================================================== Approved for Reporting Yes No √ ========================================================== JADAV JAYANTIBHAI NAROTTAMDAS & ORS. ... (GITA GOPI,J) Pankaj/10 ... The appellants came to be convicted under Section 306 of the Indian Penal Code (for short ‘I.P.C.’). .....
JUSTICE GITA GOPI Date : 04/12/2025 ORAL ORDER 1. ... JUSTICE GITA GOPI Date : 28/11/2025 ORAL JUDGMENT 1. The appeal is proceeded by the heirs of the original appellant-accused. ... JUSTICE GITA GOPI ========================================================== Approved for Reporting Yes No ========================================================== ASHOKKUMAR HARSHADBHAI BRAHMIN & ORS. ... (GITA GOPI#H....
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