VISHALKUMAR NATVARSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of preferring this criminal appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973, present appellant has prayed to quash and set aside the order dtd. 7/3/2022 passed by learned Additional Sessions Judge, Nadiad in Sessions Case No. 7 of 2019.

(2.) Heard learned advocate appearing for the appellant.

(3.) It is submitted by learned advocate appearing for the appellant that learned Sessions Judge, without properly considering the deposition of the victim and in absence of any direct evidences of the aforesaid material witnesses in respect of the alleged commission of the crime, has passed the impugned order of the conviction of the present appellant under Sec. 366 read with Sec. 114 and Sec. 376 read with Sec. 114 of the I.P.C. which being unjust and unlawful apparently, cannot be sustained in the eye of law in all the aforesaid circumstances of the present case. That aforesaid Geetaben was the best material witness, who could have bring true light on what had actually happened at Uttarsanda and who were present there and what their role, statement of the said witness Geetaben is not recorded as prosecution witnesses in the charge-sheet nor the said Geetaben had ever been examined by the prosecution during the trial to prove any such alleged offence against the present appellant-accused No. 3. That it is an admitted fact on record in her own deposition in which she herself said that the appellant-accused No. 3 has neither played any role in the commission of the alleged offence of rape, abduction or assaults nor has applied any criminal forces to the victim at all, not even has played any role for abetment to the alleged commission of the offence.