R/CR.MA/26295/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 26295 of
2017
In CRIMINAL APPEAL NO. 1443 of 2017
STATE OF GUJARAT….Applicant(s)
Versus
BHARATBHAI JAVRAJI MARWADI 1….Respondent(s)
Appearance:
MR LR PUJARI APP for the Applicant(s) No. 1
CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 11/12/2017
ORAL ORDER
1. This is an application seeking to grant leave
to appeal against the judgment and order of
acquittal dated 31.07.2017 passed by the learned
2nd Addl. Sessions Judge, Nadiad in Sessions Case
No.46 of 2016 acquitting the opponents for the
offences punishable u/s.498A, 306 and 114 IPC.
2.This Court has heard the learned APP Mr. L.R.
Pujari, who has urged that the presumption
available under the Indian Evidence Act has
not been taken into consideration by the
Court concerned, as the marriage span is not
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R/CR.MA/26295/2017 ORDER
above 07 years. He has further urged that
there are other cogent and convincing
evidence so also legally admissible evidence,
the appreciation of which has not been done,
as required under the law. There is a fair
chance of succeeding in the appeal and hence,
leave deserves to be granted. He has taken
this Court through the judgment and also
other material on record.
3.Having found sufficiency of grounds after
perusal of the record, leave to appeal is
granted. The application stands disposed of
accordingly.
(MS SONIA GOKANI, J.)
Pravin
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