Gujarat High Court
State Of Gujarat vs Mulji @ Mahesh Vajubhai Kathrotia - ... on 4 October, 2006
Author: C.K.Buch
Bench: C.K.Buch
CR.A/865/2005 1/3 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL No. 865 of 2005
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STATE OF GUJARAT - Appellant(s)
Versus
MULJI @ MAHESH VAJUBHAI KATHROTIA - Opponent(s)
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Appearance :
Mr.K.C.Shah, APP for Appellant(s) : 1,
None for Opponent(s) : 1,
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CORAM : HONOURABLE MR.JUSTICE C.K.BUCH
and
HONOURABLE MR.JUSTICE SHARAD D.DAVE
Date : 04/10/2006
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE C.K.BUCH) Heard Mr.K.C.Shah, learned APP for the applicant - State.
We have considered the submission of learned APP. He has taken us through the oral as well as documentary evidence led during the course of trial. It emerges that the girl had left voluntarily with the accused and the subsequent event was at the consent or assent of the victim girl. Even as per the birth date proved by the prosecution by tendering school leaving certificate as well as the opinion of the doctor as to the age by producing certificate Exh.43 issued by the doctor of Community Health CR.A/865/2005 2/3 ORDER Centre, Rajula of district Amreli dated 2.2.2001, we are of the view that there is no merit in the appeal so far as the offences under Sections 366 and 376 of Indian Penal Code are concerned. According to us, the acquittal of the accused for these two offences is concerned, it is found logical and legal and there is no element of perversity or patent illegality in the finding. So, the acquittal of the accused is not required any scrutiny by the appellate forum, that too, in an appeal against the order of acquittal.
However, considering the evidence as to the age of the victim girl is concerned, the State has fairly arguable case so far as offence under Section 363 is concerned. Leave is granted and appeal is admitted so far as the acquittal recorded by the learned trial Judge qua the offence under Section 363 of Indian Penal Code is concerned. Leave granted accordingly and appeal be treated as admitted for the offence under Section 363 of Indian Penal Code. Bailable warrant of Rs.5,000/- be issued against the respondent - accused and bail accepting authority shall ascertain the genuineness of the solvency certificate produced.
( C.K.BUCH, J ) ( SHARAD D DAVE, J ) srilatha CR.A/865/2005 3/3 ORDER