STATE OF GUJARAT Vs. DHAVALKUMAR UPDESHBHAI PATEL

JUDGEMENT

(1.) These are the two appeals preferred against the judgment and order of learned Additional Sessions Judge, Court No.27, Ahmedabad, whereby the Trial Court has given benefit of doubt to the respondents from the offences punishable under Sections 306, 498(A) read with Section 114 of the Indian Penal Code. Criminal Appeal NO.437 of 2018 has been preferred by the State under Section 378(1)(3) of the Code of Criminal Procedure being aggrieved by the said judgment and order dated 30.12.2017 passed in Sessions Case No.38 of 2017, whereas Criminal Appeal No.205 of 2017 has been preferred by the original complainant Hashumatiben Kiritbhai Patel under Section 372 of the Code of Criminal Procedure being aggrieved by this acquittal.

(2.) Both the appeals arise from the very Sessions case and, therefore,after admitting both of them,it is decided to proceed with them for the purpose of final hearing together. The brief facts leading to these appeals are as follows:-

(3.) After recordance of the evidence, further statements under Section 313 of the Code of Criminal Procedure came to be recorded where all the accused gave standard replies to the incriminating questions that what had been stated by the witnesses is false. In additional version permitted to be stated before the Court, the accused have stated that the victim was suffering from some problem related to the field of Gynaecology and therefore, she may have taken this extreme step. However, they stated that they were unaware of any of the allegations made by the Prosecution.