Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 01.02.2010 passed by the learned 3rd Additional Sessions Judge, Panchamahal at Godhra in Sessions Case Nos.97 of 2008 and 105 of 2009. The respondents-accused, Bharatbhai Somabhai Malivad and another, were acquitted of offences punishable under Sections 366, 323 and 114 of the Indian Penal Code, 1860. The prosecution case was that on 10.02.2008 at about 7 PM, the complainant Shyamabhai Bhurabhai Malivad, along with his wife Kesarben and daughter Jagruti, had gone for a nature call. At that time, the accused persons came and allegedly kidnapped Jagruti. The complainant lodged a complaint. During trial, the prosecutrix Jagruti turned hostile and did not support the prosecution version. The medical evidence also did not indicate any forcible abduction. The trial court, after appreciating the evidence, found the prosecution case not proved beyond reasonable doubt and acquitted the accused. The High Court, in appeal, examined the evidence and found that the trial court's findings were not perverse. The prosecutrix had not supported the case, and there was no corroboration. The court held that the appeal lacked merit and dismissed it, upholding the acquittal.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 378 CrPC - Standard of Review - The High Court in an appeal against acquittal can interfere only if the findings of the trial court are perverse or unreasonable. The presumption of innocence in favour of the accused is reinforced by acquittal. (Paras 1-19) B) Indian Penal Code, 1860 - Sections 366, 323, 114 - Kidnapping and Abduction - Prosecution Case - The complainant alleged that the accused kidnapped his daughter. However, the prosecutrix turned hostile and did not support the prosecution case. The medical evidence did not corroborate the allegation of kidnapping. The trial court acquitted the accused. (Paras 2-18) C) Evidence Act, 1872 - Appreciation of Evidence - Hostile Witness - When the prosecutrix herself does not support the prosecution case and there is no other corroborative evidence, the accused is entitled to benefit of doubt. (Paras 15-18)
Issue of Consideration
Whether the judgment of acquittal passed by the Sessions Court was perverse and liable to be set aside in appeal under Section 378 of the Code of Criminal Procedure, 1973.
Final Decision
Appeal dismissed; acquittal of respondents upheld.
Law Points
- Appeal against acquittal under Section 378 CrPC
- standard of proof in criminal cases
- presumption of innocence
- appreciation of evidence in kidnapping cases
- corroboration of testimony of prosecutrix
