HIMATBHAI MADHUBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent - State.

(2.) Learned advocate Mr.M.S.Patel for the applicant has submitted that the applicant is an innocent person and has wrongly been arraigned in the presence offence. It has been further submitted that on account of love and affection, both with their own sweetwill ran away and now, the matter is settled between the parties and the complainant - Manjibhai Munjasara has filed an affidavit to that extent which is reflecting on page-13 of the application compilation. It has further been submitted that now, the victim is already residing with the applicant's family and in true letter and spirit, the issue between them is resolved. Additionally, in this case, the investigation is over and there are no criminal antecedents of the applicant and since the charge- sheet has been filed, there is no likelihood of any misuse of liberty by the applicant. Hence, a request is made to consider the case of the applicant.

(3.) As against the aforesaid submission, learned APP Mr.Ronak Raval has submitted that the applicant is a responsible person for entire crime and a specific role is attributed against the applicant in the FIR. Further, at the time when the incident took place, the age of the victim was not such where the applicant should have enticed away her and hence, no leinency be shown. However, looking to the subsequently event which has taken place reflecting on page-13 of the application compilation, the learned APP has left it to the discretion of the Court.