Gujarat High Court
State Of Gujarat vs Kamleshji on 2 May, 2012
Author: D.H.Waghela
Bench: D.H.Waghela
STATE OF GUJARAT....Applicant(s)V/SKAMLESHJI SHANKARJI THAKOR....Respondent(s) R/CR.MA/11360/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION NO. 11360 of 2012 In CRIMINAL APPEAL NO. 1193 of 2012 With CRIMINAL APPEAL NO. 1193 of 2012 ====================================== STATE OF GUJARAT Versus KAMLESHJI SHANKARJI THAKOR ====================================== Appearance: MR RC KODEKAR, APP for the Applicant. ====================================== CORAM: HONOURABLE MR.JUSTICE D.H.WAGHELA and HONOURABLE MR.JUSTICE G.R.UDHWANI Date : 11/01/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE D.H.WAGHELA) The application for leave to appeal is made to prefer the acquittal appeal from judgment and order dated 2.5.2012 of the Sessions Court, Mehsana, in Sessions Case No.79 of 2011, whereby the respondent is acquitted of the charge of offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. It was seen from the impugned judgment itself and it could not be disputed that parents of the victim of alleged offences had themselves admitted on record that the victim was aged more than sixteen years at the relevant time and mother of the victim has said that the victim and the accused were known to their family and the victim used to participate in dance programmes along with the accused and the mother of the victim, along with the victim, was attending such programmes and it appears that when the victim was produced before learned Magistrate, she refused to go to her father s house. It also appears from the evidence of Parshottam (exh.32) and Rakesh (exh.33) that the victim had fallen in love with the accused. It appears that the victim was not examined since she was not willing to go with her father and she was not willing to support the case of the prosecution. In such circumstances, after an elaborate discussion of the evidence on record, trial Court reached at an inescapable conclusion that the prosecution has failed to prove essential ingredients of the offences alleged against the respondent. Thus, even a prima facie case for admitting the appeal having not been made out the leave to appeal is not granted. Accordingly, the application as well as the appeal are summarily dismissed.
(D.H.WAGHELA, J.) (G.R.UDHWANI, J.) *malek Page 2 of 2