(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the State of Gujarat seeking leave to appeal against judgment and order dated 17.6.2009 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Dahod, in Sessions Case No.229 of 2008 wherein the learned judge was pleased to record acquittal for an offence under Sections 498-A and 306 of the Indian Penal Code.
Heard learned Addl. Public Prosecutor Mr. Sejpal for the applicant/appellant-State of Gujarat.
The learned Addl. Public Prosecutor invited attention of the Court to the relevant part of the discussion. It transpires that the learned Judge has deemed it fit not to believe the evidence of the brother, may be, in light of the fact that the mother of the deceased had turned hostile. The learned Addl. Public Prosecutor submitted that the learned Judge ought to have appreciated the evidence of the brother independent of the fact that the mother has turned hostile. Only because the mother has turned hostile it does not become a case of acquittal.
This Court is, prima facie, of the opinion that the matter requires consideration hence leave to appeal is granted. The application stands disposed of.
(Ravi R. Tripathi, J.) (J.C.
Upadhyaya, J.) ...
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