LAWS(GJH)-2022-1-11

STATE OF GUJARAT Vs. JITENDRAKUMAR PRABHULAL DAVE

Decided On January 04, 2022
STATE OF GUJARAT Appellant
V/S
Jitendrakumar Prabhulal Dave Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 16/2/2021 passed by the learned 2nd Addl. Sessions Judge, Kalol in Sessions Case No.22 of 2018 for the offences under Sec. 395, 323, 354, 504, 506(2) of IPC and also u/s 135 of the G.P. Act, the applicant State of Gujarat has preferred this application to grant leave to appeal as provided under sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ( the Code for short).

(2.) Briefly stated, it is the case of the complainant Jaydipsinh Chavda that on 26/7/2016 at about 21:00 hrs. at village Kalol Town Kalyanpura near Vijaynagar Society Part I Gate, the accused gave filthy abuses to one Minaxiben and pushed her away and thus, committed offence against chastity and other accused persons also quarreled with the complainant and with the help of each other, gave fist blows as well as kick blows and thereby, caused injuries to the complainant and committed robbery of Rs.1000.00 from the purse of the complainant. It is also alleged in the complaint that during the course of the incident, mobile of Sony company valued at Rs.5000.00 and golden chain valued at Rs.45,000.00 were looted from the complainant and therefore, complaint in this regard was lodged before the PI, Kalol City Police Station, which was registered as I C.R. No.80 of 2016 for the offences under Sec. 395, 323, 354, 504, 506(2) of IPC and also u/s 135 of the G.P. Act.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of various Panchnamas, relevant medical evidence and other evidence. After having found material against the respondents accused, charge-sheet came to be filed in the Court of learned JMFC, Kalol. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Kalol as provided under sec. 209 of the Code.