DHRUBEN GURALDAS BALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of respondent State.

(2.) The petitioner is an accused in Sessions Case No.34 of 2014, which is being tried in the Court of Additional Sessions Judge, Gandhinagar. The FIR being C.R.No.I-218 of 2013 dtd. 7/10/2013 was registered before the Chandkheda Police Station, Gandhinagar for the offences punishable under Ss. 120, 175, 179, 201, 232, 342, 346, 357, 376 and 377 of the Indian Penal Code.

(3.) The petitioner states that after the completion of investigation, charge-sheet came to be filed on 9/1/2014. The offence being sessions triable, was committed to the Sessions Court, Gandhinagar and was numbered as Sessions Case No.34 of 2014. It is stated that during January 2018, the prosecution examined the victim - P.W.27 at Exhibit-278 and during the course of examination-in-chief of the victim, the accused moved an application, Exhibit-312 with the prayer to exhibit the documents/electronic record produced at Serial Nos.1 to 8 on the ground that the admission is not disputed by the parties. Thereafter, during the course of deposition of the victim - P.W.27, the State moved application under Exhibits-317 and 318 for exhibiting few electronic evidences and it is contended that accused had supported the said application of the State by producing an affidavit below Exhibit-308, which came to be rejected and therefore it is prayed that the said electronic evidence is required to be exhibited as being admitted by both the parties.