MAHENDRABHAI SHYAMSUNDER PUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. This revision is directed against the order dated 7th February 1998 of Additional Sessions Judge, Kheda at Nadiad, allowing the Application u/s. 319 of the Code of Criminal Procedure and taking cognizance against the defence witness Mahendrabhai Shyamsundar Purohit for abeting in commission of offences punishable under Sections 366 and 376 read with Section 114 of the Indian Penal Code as well as under Section 5 of the Child Marriage Restraint Act (for short "the Act").

(2.) Shri H.M.Parikh for the revisionist and Shri M.A.Bukhari, learned A.P.P. have been heard.

(3.) Shri Parikh has urged that the impugned order cannot be sustained in view of the latest verdict of the Apex Court in Ranjit Singh v/s. State of Punjab, reported in A.I.R. 1998 SC 318. He has also urged that in view of the case of Delhi Municipality v/s. Ram Kishan reported in AIR 1983 SC 67 the impugned order cannot be sustained. Lastly relying upon the Division Bench pronouncement of the Kerala High Court in M.P. Gangadharan v/s. State S.I. of Police, reported in 1989 Cri.L.J. 2455 he has urged that in view of Section 132 of the Evidence Act also the defence witness could not be prosecuted for the substantive offences under which he is proposed to be prosecuted under the impugned order.