RAVINDRABHAI @ JOHN LAKHUBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicant - original accused for the purpose of seeking permission to produce the documents as referred to in Para.10 as well as amended Para.10 of the application, pending admission hearing and final disposal of the Criminal Appeal.

(2.) This application appears to have been submitted in the month of April,2014 which has previously been ordered to be heard along with main Criminal Appeal, by an order dated 11.6.2014. However, since hearing on this application is insisted upon by learned advocates, same was taken up for hearing.

(3.) Briefly stated, the case of the applicant is that feeling aggrieved by and dissatisfied with the judgment and order of conviction and sentence dated 20.11.2013 passed by the learned Additional Sessions Judge, Jetpur in Sessions Case No.22 of 2012 (Old Sessions Case No.73 of 2010), the applicant - original accused has filed the Criminal Appeal which came to be admitted by this Court. As a part of one of the contentions raised by the applicant before the trial court is the ground of alibi by asserting that the applicant was not present at the scene of offence at the relevant point of time and has been falsely implicated in connection with the crime with an ulterior motive. To justify this plea of alibi, it has been averred by the applicant that on 11.6.2010 at 9.10 p.m., the applicant had gone from Navagadh (Jetpur) to Surat in a Luxury Bus bearing registration No.9494 (sleeping coach) of Vishal Travels, Jetpur on a seat No.20 and had reached Surat on 12.6.2010 at 7.00 a.m. in the morning and had straightway gone to the house of his sister.