First Version Of The Story Reliable; Exaggeration May Occur With Passage of Time: Gujarat High Court
3 years ago

First Version Of The Story Reliable; Exaggeration May Occur With Passage of Time: Gujarat High Court

Live Law  

"In normal circumstances, we believe that, the first version is showing the true story of the complaint. If the version is changed at the time of deposition, it means there may be exaggeration in the version by passage of time," the Gujarat High Court has opined in connection with a challenge to the acquittal order of the Sessions Court. It was the Complainant's case that Accused armed with an axe, stick, spear, sharp-edged weapon came to the house of the Complainant and tried to loot a water tanker worth INR 20,000 belonging to the Complainant. The High Court affirmed the trial court's view that Section 395 of IPC could not be applied since there were material contradictions in the evidence. While refusing to interfere with the judgment, the High Court referred to Ramesh Babulal Doshi v. State of Gujarat 9 SCC 225 wherein it was held: "It is a cardinal principle of criminal jurisprudence that in an acquittal appeal if other view is possible, then also, the appellate Court cannot substitute its own view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, contrary to the material on record, palpably wrong, manifestly erroneous or demonstrably unsustainable."

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History of this topic

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case
2 years, 1 month ago

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case

Live Law  

The Orissa High Court has recently declined to interfere in an appeal against acquittal of some persons, which was recorded by a Magistrate Court in 1994, for allegedly cutting and removing away paddy from the complainant’s field. While dismissing the appeal, the Single Judge Bench of Justice Gourishankar Satapathy said: “One of the important facts, which weighed in the mind …

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal
2 years, 11 months ago

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal

Live Law  

Emphasising that procedure under Section 50 of the NDPS Act needs to be followed in a just and proper manner, the Gujarat High Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8, 20, 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act. Averring that the scope in acquittal …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
3 years ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Gujarat Riots- 'If This Court Allows Any Further Investigation, It Would Be In The Teeth Of The Constitutional Rights Of Accused': Rohatgi Concludes His Arguments
3 years, 3 months ago

Gujarat Riots- 'If This Court Allows Any Further Investigation, It Would Be In The Teeth Of The Constitutional Rights Of Accused': Rohatgi Concludes His Arguments

Live Law  

On Thursday, Senior Advocate, Mr. Mukul Rohatgi appearing on behalf of SIT apart from refuting the allegation of the Petitioner that the SIT had given clean chit to the highest functionaries of the State without conducting due investigation, went a step further, to fervently controvert the plea that the Magistrate and the High Court did not delve into the crucial …

Corruption Is An Offence Against Society: Supreme Court Sets Aside Gujarat HC Judgment Acquitting An Accused
4 years, 1 month ago

Corruption Is An Offence Against Society: Supreme Court Sets Aside Gujarat HC Judgment Acquitting An Accused

Live Law  

Offences under the Prevention of Corruption Act are offences are against the society, the Supreme Court observed while setting aside a Gujarat High Court judgment acquitting an accused in a corruption case.In this case, the accused, who was an Assistant Director in ITI, Gandhi Nagar was convicted for the offences punishable under Section 7 read with Sections 13 and 13. …

Gujarat HC Upholds Acquittal of Accused In 2002 Riots Case [Read Judgment]
8 years, 4 months ago

Gujarat HC Upholds Acquittal of Accused In 2002 Riots Case [Read Judgment]

Live Law  

The Gujarat High Court in Isubmiya Miyasab Malek vs The State of Gujarat and 17 Ors, has upheld a trial court verdict acquitting accused charged for committing the offences of unlawful assembly, rioting with deadly weapons, insulting with the intent of breaching peace and hurting someone’s religious feelings intentionally in the Gujarat riots of 2002.According to the prosecution case, on. …

Gujarat HC Upholds Acquittal of Accused In 2002 Riots Case [Read Judgment]
8 years, 4 months ago

Gujarat HC Upholds Acquittal of Accused In 2002 Riots Case [Read Judgment]

Live Law  

The Gujarat High Court in Isubmiya Miyasab Malek vs The State of Gujarat and 17 Ors, has upheld a trial court verdict acquitting accused charged for committing the offences of unlawful assembly, rioting with deadly weapons, insulting with the intent of breaching peace and hurting someone’s religious feelings intentionally in the Gujarat riots of 2002.According to the prosecution case, on. …

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