NADIYA RATILAL BHALJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - accused has been found guilty of commission of offence under Ss. 302, 323, 324 of Indian Penal Code & 135 of B.P. Act and has been awarded life imprisonment and fine of Rs. 5000/ -, in default, simple imprisonment for six months under Sec. 302; R.I for six months and fine of Rs. 500/ - in default simple imprisonment for one month under Sec. 323; R.I for one year and six months and fine of Rs. 1000/ - in default simple imprisonment for two months under Sec. 324 and fine of Rs. 100/ - in default simple imprisonment for seven days under Sec. 135 of B.P. Act by learned Additional Sessions Judge, Mehsana vide judgement and order dated 31.01.2012 passed in Sessions Case No. 131 of 2010.

(2.) The gist of the prosecution story is mentioned hereinbelow: -

(3.) Mr. Yogendra Thakore, learned advocate appearing for the appellant submitted that though the case against accused cannot be said to have been proved inasmuch as there is no sufficient evidence found against him. He submitted that the case is based on circumstantial evidence in absence of eye witnesses. He submitted that the two child witnesses who are stated to be eye witnesses have turned hostile. No evidence is produced on record that the accused has committed the alleged offence. He submitted that the turn of events where the eye witnesses turned hostile show that the case against the accused is cooked up. He submitted that the prosecution has no support from the majority of witnesses produced before the trial court.