ABDUL SALAM ABDUL SATTAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has challenged the impugned judgment and order dated 30.03.2011 passed by learned Judicial Magistrate First Class, Railway Court, Panchmahals at Godhra in Criminal Case No.4360 of 1991 as well as impugned judgment and order dated 31.12.2019 passed by learned Sessions Court, Panchmahals at Godhra in Criminal Appeal No.16 of 2011.

(2.) Heard learned advocate for the applicant.

(3.) It is submitted by learned advocate for the applicant that both learned Courts have committed grave error in holding the applicant guilty for the offence punishable under Section 3 of R.P.U.P. Act. That, the applicant was not found at the scene of offence and his presence is proved by confession of co-accused. As per the prosecution case, applicant was ran away from the scene of offence and there is no eye witness examined or independent witness examined to prove the presence of the applicant. That evidence of the prosecution was not appreciated in the proper way. That, upon confession of the co-accused, applicant was wrongly convicted. Hence, it is requested by him to allow this application by enlarging the applicant on bail.