STATE OF GUJARAT vs NEHABEN MAHENDRABHAI MODH
- Court
- Gujarat High Court
R/CR.A/845/2010 JUDGMENT DATED: 14/10/2026
(GJHC240468632010)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 845 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
--
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STATE OF GUJARAT
Versus
NEHABEN MAHENDRABHAI MODH & ORS.
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Appearance:
MS JYOTI BHATT ADDL. PUBLIC PROSECUTOR for the Appellant(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 14/10/2026
ORAL JUDGMENT
1. The present appeal is filed by the appellant – State of
Gujarat under Section 378(1)(3) of the Criminal Procedure
Code, 1973 (hereinafter referred to as ‘the Code’ for short)
against the judgment and order dated 15.02.2010 passed by
nd
the learned 2 Additional District and Sessions Judge,
Vadodara (hereinafter be referred to as “the Trial Court),
whereby the Trial Court had acquitted the respondents -
accused from the charges under Sections 306 and 114 of the
Indian Penal Code (hereinafter be referred to as “IPC”).
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2. The facts giving rise to the present appeal are that the
complainant, Bramhanand Atmaram Oza, is the father of the
deceased, Dr. Deven Oza, who was the husband of respondent
No. 1, Dr. Nehaben Mahendrabhai Modh. While pursuing his
Bachelor of Ayurvedic Medicine and Surgery (B.H.M.S.)
degree, the deceased came into contact with respondent No.
1, and they subsequently decided to marry. Accordingly, in
the year 2000, the deceased, Dr. Deven Oza, married
respondent No. 1.
2.1 After their marriage, both decided to pursue postgraduate
studies and, therefore, moved to the State of Karnataka,
where they completed their respective master's degrees and
also joined service. After completing their postgraduate
studies, they returned to Gujarat in the year 2004 and joined
government service as Class-II Medical Officers at primary
health centres. The deceased was posted at village Sankarda,
in the district of Vadodara, whereas respondent No. 1 was
serving at the Ayurvedic Hospital in Vadodara. During this
period, the deceased resided with respondent No. 1 in the
government quarters. As the deceased and respondent No. 1
frequently travelled between Vadodara and Ahmedabad,
respondent No. 2, who was a friend of the deceased, also
occasionally travelled with them. During these journeys,
respondent No. 1 and respondent No. 2 allegedly came into
close contact with each other.
2.2 In the year 2005, owing to differences between the
deceased and respondent No. 1 and the deterioration of their
marital relationship, they decided to separate and execute an
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agreement to that effect. The said agreement was executed
before a Notary, Government of Gujarat, at Vadodara,
following which they began residing separately. Since the
deceased was serving at Sankarda, he shifted to the
government quarters situated there and moved his personal
belongings accordingly.
2.3 It is alleged that, owing to the emotional distress arising
from the separation and the strained marital relationship, the
deceased fell into depression. He wrote a suicide note and
also recorded a message on his mobile phone, expressing his
anguish over the separation from his wife. In the said note
and recorded message, he stated, in substance, that he loved
his wife deeply and found it impossible to live without her.
Consequently, he committed suicide by hanging himself in his
government quarters at Sankarda.
2.4 The incident was reported to the parents of the deceased
by the staff members at Sankarda. Upon receiving the
information, the complainant and his family members visited
the village, took custody of the deceased's body, and
subsequently performed the cremation ceremony at Vadodara.
At the relevant time, Dr. Samant Narsinhbhai Daima, who was
serving at the Ayurvedic Hospital in Vadodara and had been
entrusted with additional charge of the Ayurvedic Hospital at
Sankarda, visited the quarters of the deceased. During his
visit, he found certain personal articles belonging to the
deceased, which he subsequently handed over to the
complainant. Among the articles so recovered were the
agreement relating to the separation between the deceased
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and respondent No. 1 and the suicide note written by the
deceased. The deceased had expressed in the suicide note
that, because of his separation from his wife, whom he loved
deeply, he could no longer bear to live and was, therefore,
ending his life. A similar message had also been recorded on
his mobile phone. The mobile phone subsequently came into
the possession of the complainant, who handed it over to the
Investigating Officer.
2.5 During the course of the investigation, the mobile phone
was sent to the Forensic Science Laboratory (FSL) at
Gandhinagar for examination. The FSL examined the device
and retrieved the recorded message, which formed part of the
investigation and was relied upon as scientific evidence.
2.6 On the basis of the aforesaid circumstances, the
complainant lodged an FIR against respondent Nos. 1, 2 and
3. It was alleged that the deceased had committed suicide as a
result of the harassment and abetment of respondent No. 1,
allegedly acting in concert with respondent Nos. 2 and 3. The
principal allegation was that respondent No. 1 was involved in
an extramarital relationship with respondent No. 2, who was a
friend of the deceased. According to the complainant, this
alleged relationship led to the deterioration of the marital
relationship between the deceased and respondent No. 1,
ultimately resulting in their separation. It was further alleged
that the deceased could not accept the separation and, being
under severe emotional distress, committed suicide. The
complainant accordingly alleged that the respondents had
abetted the commission of suicide.
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2.7 On the basis of the detailed allegations made in the FIR,
the police initiated an investigation. During the course of the
investigation, the Investigating Officer collected the relevant
material, including the documentary and scientific evidence.
Upon completion of the investigation, the police concluded
that sufficient material existed to proceed against the
respondents and, accordingly, filed a charge-sheet before the
competent Judicial Magistrate. As the offence was exclusively
triable by the Court of Sessions, the learned Judicial
Magistrate, after completing the requisite procedure under
Section 209 of the Code, committed the case to the Court of
Sessions. The case was registered as Sessions Case No. 81 of
2006.
2.8 Upon receipt of the case papers, the learned Sessions
Judge framed the charge against the respondents at Exhibit 7
on 12.10.2006 for the offence punishable under Section 306
read with Section 114 of the IPC.
2.9 To establish the charges against the respondents, the
prosecution examined seven witnesses, including the father,
mother and brother of the deceased; the doctor who
conducted the post-mortem examination; Dr. Samant Narsinh
Daima, who had been entrusted with additional charge of the
Ayurvedic Hospital at Sankarda and had recovered the
personal articles of the deceased; and two police witnesses.
The prosecution has also produced eight documentary
evidence.
2.10 After hearing both sides and considering the evidence on
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records, the Trial Court by impugned judgment and order has
acquitted the accused persons from all the charges levelled
against them. Being aggrieved by and dissatisfied with the
aforesaid judgment and order of acquittal the appellant - State
has preferred present appeal.
3. Heard Ms. Jyoti Bhatt, learned APP for the appellant.
Though served respondents accused have chosen not to
appears before this Court.
3.1 Learned APP submitted that the judgment and order of
acquittal passed by the Trial Court is contrary to law and the
evidence on record. She submitted that the Trial Court erred
in holding that the prosecution had failed to prove its case
beyond reasonable doubt.
3.2 Learned APP submitted that the Trial Court ought to have
properly appreciated the evidence of Bramhanand Atmaram
Oza, the complainant and father of the deceased Deven, who
was examined at Exh. 19. He supported the prosecution case
and testified that his son had complained to him about the
relationship between his wife, Neha, and accused No. 2, Dr.
Atul Bhavsar. Nothing material was elicited during his cross-
examination to discredit his testimony.
3.3 Learned APP submitted that the Trial Court ought to have
properly appreciated the evidence of Lalitaben Bramhanand
Oza, the mother of the deceased Dr. Deven, who was
examined at Exh. 99. She supported the prosecution case on
the same lines as the witness examined at Exh. 19. Nothing
material was elicited during her cross-examination to
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discredit her testimony.
3.4 Learned APP submitted that the Trial Court failed to
properly appreciate the evidence of the Investigating Officer,
who, after following the prescribed legal procedures and
finding sufficient material against the accused, filed the
charge-sheet. There was no reason for the Investigating
Officer to falsely implicate the accused, as no enmity between
them was established.
3.5 Learned APP submitted that the Trial Court failed to
appreciate that the oral evidence of the prosecution witnesses
supporting the prosecution case was corroborated by the
medical evidence on record. She submitted that, despite
sufficient oral and documentary evidence supporting the
prosecution case, the Trial Court erroneously discarded the
evidence and acquitted the accused, thereby committing a
serious error warranting interference by this Court.
4. Upon perusal of the impugned judgment and order, as well
as the submissions advanced by the learned APP, the issues
that arises for consideration before this Court are as under:-
Whether the Trial Court committed any error in passing
the impugned judgment and order of acquittal?
Whether the Trial Court, while appreciating the evidence
of the prosecution witnesses, has committed any error of
law or fact?
Whether the impugned judgment and order of acquittal
suffers from any illegality or perversity?
5. In view of the above-stated submissions and upon perusal of
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the impugned judgment and order of acquittal, as well as the
evidence recorded by the Trial Court, it is appropriate to first
examine relevant facts of the case. Dr. Deven Oza and Dr.
Nehaben Modh married in 2000, completed postgraduate
studies in Karnataka, and later worked as government
medical officers in Gujarat—Dr. Deven in Sankarda and
Nehaben in Vadodara. In 2005, due to marital strains and
Nehaben's alleged closeness with the deceased's friend
(Respondent No. 2), the couple executed a separation
agreement before a notary. Dr. Deven moved to government
quarters in Sankarda, suffered severe depression over the
separation, and tragically died by suicide by hanging. He left a
suicide note and a recorded phone message expressing deep
anguish over losing his wife. The deceased's father filed an
FIR accusing Respondent No. 1 (his wife) and others of
abetting the suicide due to an extramarital affair and
harassment.
6. Upon a detailed examination of the evidence of the
complainant, who was the father of the deceased, it emerged
that his principal allegation was based on his suspicion that
respondent No. 1 was involved in an extramarital relationship
with respondent No. 2. The complainant alleged that, as
respondent No. 2 was a friend of the deceased and frequently
travelled between Vadodara and Ahmedabad, he had
developed a close relationship with respondent No. 1.
According to the complainant, this alleged relationship led
respondent No. 1 to separate from the deceased, causing him
severe emotional distress and ultimately driving him to
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commit suicide. On this basis, the complainant alleged that
the respondents had instigated, provoked or otherwise
abetted the deceased in committing suicide.
7. However, the cross-examination of the complainant
brought several material circumstances to light. It was
elicited that the deceased and respondent No. 1 had been
residing separately from the complainant and his family. From
2002 to 2004, the deceased and respondent No. 1 had lived
together in Karnataka while pursuing their postgraduate
studies and serving there. Upon returning to Gujarat, they
joined government service and resided in Vadodara. The
evidence further revealed that the marriage between the
deceased and respondent No. 1 had taken place against the
wishes of the complainant and his wife. The complainant had,
therefore, not maintained cordial relations with his daughter-
in-law from the outset.
8. It was also brought out during the complainant's cross-
examination that, after the death of his son, he had withdrawn
money from the deceased's bank account by using a cheque
bearing the deceased's signature. He had also received the
posthumous service benefits payable in respect of his son
without informing respondent No. 1 or obtaining her
signatures. Similarly, although respondent No. 1 was a joint
nominee under an insurance policy taken out by the deceased,
the complainant had received the insurance proceeds without
obtaining her consent. Furthermore, the complainant had
taken possession of the moped purchased by respondent No. 1
from her personal funds.
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9. These circumstances were relevant to the assessment of
the complainant's credibility and the possibility of an
underlying dispute between him and respondent No. 1. It was
also significant that, in his initial statement before the police,
the complainant had not made the detailed allegations
concerning the alleged extramarital relationship that
subsequently formed the basis of the FIR. The defence
accordingly relied upon these omissions and the subsequent
improvements in the complainant's version to challenge the
reliability of his allegations.
10. The evidence of the mother and brother of the deceased
also disclosed material circumstances concerning respondent
No. 2. Their testimony and cross-examination indicated that
respondent No. 2 had been transferred from Vadodara to
Ahmedabad approximately one and a half years before the
incident and had ceased regularly travelling between the two
cities. The evidence further suggested that respondent No. 2
and respondent No. 1 had not remained in regular contact
during the relevant period. These circumstances weakened
the allegation that their alleged relationship had directly
contributed to the suicide of the deceased.
11. The cross-examination of the brother of the deceased
further revealed that respondent No. 2 had been residing in
Vadodara for a considerable period and was no longer
regularly travelling between Vadodara and Ahmedabad
following his transfer. The prosecution's allegations
concerning the alleged relationship between respondent Nos.
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1 and 2 were, therefore, required to be assessed in light of
these admissions and the other evidence on record.
12. The testimony of the Investigating Officer also assumed
significance. It emerged from his evidence that several
material allegations subsequently made before the Court by
the complainant had not been stated in his earlier statements
recorded during the investigation. These omissions raised
questions regarding the credibility of the allegations and the
extent to which they were supported by independent
evidence.
13. The Trial Court considered the oral and documentary
evidence adduced by the prosecution, including the suicide
note and the transcript of the message retrieved from the
mobile phone of the deceased. In paragraphs 15 and 16 of its
judgment, the Trial Court reproduced and examined the
relevant contents of the transcript and considered their
evidentiary significance.
14. Upon examining the suicide note, the recorded message
and the other material on record, the Trial Court found that,
although the deceased had expressed emotional distress
arising from his separation from respondent No. 1, the
evidence did not establish that the respondents had
instigated, provoked or intentionally aided him in committing
suicide.
15. The Trial Court accordingly considered the statutory
requirements of Section 107 of the IPC, which defines
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abetment, and held that the prosecution had failed to
establish the essential ingredients of the offence punishable
under Section 306 read with Section 114 of the IPC.
16. In paragraphs 19 and 20 of its judgment, the Trial Court
recorded its reasons for concluding that the prosecution had
failed to prove the charges against the respondents beyond
reasonable doubt. It found that the evidence on record was
insufficient to establish the requisite acts of abetment
attributable to the respondents and, consequently, acquitted
them of the charges levelled against them.
17. So far as the ingredients of Section 306 of the Indian
Penal Code are concerned, the Hon'ble Supreme Court, as
early as 2010, in the case of Gangula Mohan Reddy vs.
State of Andhra Pradesh reported in (2010) 1 Supreme
Court Case 750 , has clarified that the prosecution is
required to prove, beyond reasonable doubt, the essential
ingredients of the offence under Section 306 IPC. In
particular, it must establish that there was a clear and
proximate act of instigation, incitement, or intentional aid on
the part of the accused, committed immediately prior to, or
sufficiently proximate to, the date of the incident, which left
the deceased with no option but to take the extreme step of
committing suicide.
18. In view of the aforesaid decision and considering the facts
of the present case, there is not even an iota of evidence
collected by the prosecution which connects the present
respondent with the crime in question alleged against him. On
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perusal of the impugned judgment and order of acquittal, I do
not find any illegality or irregularity committed by the learned
Trial Court.
19. Even upon a plain reading of the provisions of Section 306
of the IPC, it is evident that a person can be held liable for the
offence of abetment of suicide only when there is cogent
evidence to establish that the accused had intentionally
instigated, aided, or actively participated in the commission of
the suicide. There must be a direct and proximate nexus
between the acts or conduct of the accused and the
commission of the suicide, and the alleged acts must be of
such a nature as to drive the deceased to take the extreme
step. The prosecution has thus failed to establish the
necessary ingredients of Section 306 of the IPC or to prove
the requisite proximity between the alleged acts of the
respondent and the suicide committed by the deceased.
20. Therefore, in the absence of any cogent, reliable, and
convincing evidence establishing the essential ingredients of
the offence, the prosecution has failed to prove its case
beyond reasonable doubt, and the learned Trial Court was
fully justified in recording an order of acquittal.
21. None of the essential ingredients required to constitute an
offence punishable under Section 306 of the Indian Penal
Code have been established by the prosecution. Consequently,
the prosecution has failed to prove that there existed any
direct or proximate nexus between the alleged conduct of the
respondent and the commission of suicide by the deceased.
Therefore, no infirmity, illegality, or perversity is found in the
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impugned judgment and order passed by the learned Trial
Court, warranting interference by this Court.
22. At this stage, it is appropriate to refer the provisions of
Sections 306 and 107 of the IPC, which read as under:
“Section 306- Abetment of suicide.—
If any person commits suicide, whoever abets the commission of
such suicide, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall
also be liable to fine.
Section 107- Abetment of a thing.—
A person abets the doing of a thing, who—
(First) — Instigates any person to do that thing; or
(Secondly) — Engages with one or more other person or persons in
any conspiracy for the doing of that thing, if an act or illegal
omission takes place in pursuance of that conspiracy, and in order
to the doing of that thing; or
(Thirdly) — Intentionally aids, by any act or illegal omission, the
doing of that thing.
Explanation 1.— A person who, by wilful misrepresentation, or by
wilful concealment of a material fact which he is bound to disclose,
voluntarily causes or procures, or attempts to cause or procure, a
thing to be done, is said to instigate the doing of that thing.”
23. So far as Section 107 of IPC is concerned, as per Section
107 of IPC a person commits abetment if they encourage, plot,
or help someone commit a crime. This happens in three ways:
by instigating or provoking the person, by conspiring with
others to make it happen, or by intentionally aiding the act
through deeds or deliberate silence. Additionally, deliberately
lying or hiding a material fact to cause an act is also
considered instigation. Herein present case the actions of the
respondents do not legally amount to abetment of suicide
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under Section 107, because a marital separation, an alleged
extramarital affair, and personal distress do not constitute
direct instigation, active conspiracy, or intentional aid driving
someone to take their own life.
24. So far as Section 306 of IPC is concerned, it is also
appropriate to refer the decision of this Court in cases of
State Of Gujarat Versus Ashvinbhai Naginbhai Tandel
reported in 2025 (0) GUJHC 20677, State Of Gujarat Versus
Bhaveshbhai Manilalbhai Patel reported in 2025 (2) GLR 923,
State Of Gujarat Versus Haji Haroon Meman reported in 2026
(0) GUJHC 7002 as well as the decisions of the Hon’ble Apex
Court in the cases of Ramesh Kumar Versus State Of
Chhattisgarh reported in 2001 (9) SCC 618 and Ram Pyarey
Versus State Of Uttar Pradesh reported in 2025 (6) SCC 820.
25. There is neither direct nor indirect evidence produced by
the prosecution to establish that any act or conduct on the
part of the present respondent had driven the deceased to
such an extent that she was left with no alternative but to take
the extreme step of committing suicide. Therefore, under the
circumstances, the trial Court has rightly passed the
impugned judgment and order of acquittal. No infirmity,
illegality, or perversity is found in the impugned judgment and
order of acquittal. Hence, the present appeal is devoid of
merits and deserves to be dismissed.
26. In these circumstances, the trial Court was justified in
concluding that the prosecution had failed to establish the
ingredients of the offence beyond reasonable doubt and,
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therefore, rightly recorded an order of acquittal.
27. On perusal of the record of the appeal, it transpires that
the respondent-accused has established his innocence before
the learned Trial Court and that, after due appreciation of the
oral as well as documentary evidence and other material
placed on record, the learned Trial Court has rightly passed
the impugned judgment and order of acquittal. The findings
recorded by the learned Trial Court are just, proper and in
accordance with the settled principles of law and, therefore,
no interference is warranted by this Court.
28. It is well settled by catena of decisions that the Appellate
Court has full power to review, re-appreciate and reconsider
the evidence upon which the order of acquittal is founded.
However, Appellate Court must bear in mind that in case of
acquittal there is double presumption in favour of the
accused. Firstly, the presumption of innocence is available to
him under the fundamental principle of criminal jurisprudence
that every person shall be presumed to be innocent unless he
is proved guilty by a competent Court of law. Secondly, the
accused having secured his acquittal, the presumption of their
innocence is further reinforced, reaffirmed and strengthened
by the trial Court.
29. Further, if two reasonable conclusions are possible on
the basis of the evidence on record, the Appellate Court
should not disturb the finding of acquittal recorded by the
trial Court. Further, while exercising the powers in appeal
against the order of acquittal, the Court of appeal would not
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ordinarily interfere with the order of acquittal unless the
approach of the lower Court is vitiated by some manifest
illegality and the conclusion arrived at would not be arrived at
by any reasonable person and, therefore, the decision is to be
characterized as perverse. Merely because two views are
possible, the Court of appeal would not take the view which
would upset the judgment delivered by the Court below.
However, the Appellate Court has a power to review the
evidence if it is of the view that the conclusion arrived at by
the Court below is perverse and the Court has committed a
manifest error of law and ignored the material evidence on
record. A duty is cast upon the Appellate Court, in such
circumstances, to re-appreciate the evidence to arrive to a
just decision on the basis of material placed on record to find
out whether the accused are connected with the commission
of the crime with which he is charged.
30. The scope and principles are enunciated by the Hon’ble
Apex Court in case of Chandrappa and others Vs. State of
Karnataka reported in (2007) 4 SCC 415 , more particularly
paragraph Nos. 42 and 43 , which was subsequently re-
affirmed by the Hon’ble Apex Court Rajesh Prasad Vs. State
of Bihar and another , reported in [ 2022] 3 SCC 471 ,
wherein, the Hon’ble Apex Court has enunciated the general
principles in case of acquittal, more particularly in paragraph
No. 26 the general principles are set out by the Hon’ble Apex
Court based upon various decisions of the Hon’ble Apex
Court. Then in case of Babu Sahebagouda Rudragoudar
Vs. State of Karnataka, reported in AIR 2024 SC 2252 =
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(2024) 8 SCC 149, the Hon'ble Apex Court has dealt with
the similar issue, more particularly, in paragraph Nos. 37 to
40. Hence, I am in complete agreement with the findings
recorded by the trial Court.
31. It is also worthwhile to refer to the recent decision of the
Hon’ble Supreme Court in the case of Ramesh vs. State of
Karnataka, reported in [2024] 9 SCC 169 , wherein the
Hon’ble Supreme Court has held and observed in paras-20
and 21 as under:-
“20. At this stage, it would be relevant to refer to the general
principles culled out by this Court in Chandrappa and others vs.
State of Karnataka , regarding the power of the appellate Court
while dealing with an appeal against a judgment of acquittal. The
principles read thus:
“42. …. (1) An appellate court has full power to review,
reappreciate and reconsider the evidence upon which the order of
acquittal is founded.
(2) The Code of Criminal Procedure, 1973 puts no limitation,
restriction or condition on exercise of such power and an
appellate court on the evidence before it may reach its own
conclusion, both on questions of fact and of law.
(3) Various expressions, such as, “substantial and compelling
reasons”, “good and sufficient grounds”, “very strong
circumstances”, “distorted conclusions”, “glaring mistakes”, etc.
are not intended to curtail extensive powers of an appellate court
in an appeal against acquittal. Such phraseologies are more in the
nature of “flourishes of language” to emphasize the reluctance of
an appellate court to interfere with acquittal than to curtail the
power of the court to review the evidence and to come to its own
conclusion.
(4) An appellate court, however, must bear in mind that in case of
acquittal, there is double presumption in favour of the accused.
Firstly, the presumption of innocence is available to him under
the fundamental principle of criminal jurisprudence that every
person shall be presumed to be innocent unless he is proved
guilty by a competent court of law. Secondly, the accused having
secured his acquittal, the presumption of his innocence is further
reinforced, reaffirmed and strengthened by the trial court.
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(5) If two reasonable conclusions are possible on the basis of the
evidence on record, the appellate court should not disturb the
finding of acquittal recorded by the trial court.
21. In Rajendra Prasad v. State of Bihar, a three-Judge Bench of
this Court pointed out that it would be essential for the High
Court, in an appeal against acquittal, to clearly indicate firm and
weighty grounds from the record for discarding the reasons of the
Trial Court in order to be able to reach a contrary conclusion of
guilt of the accused. It was further observed that, in an appeal
against acquittal, it would not be legally sufficient for the High
Court to take a contrary view about the credibility of witnesses
and it is absolutely imperative that the High Court convincingly
finds it well-nigh impossible for the Trial Court to reject their
testimony. This was identified as the quintessence of the
jurisprudential aspect of criminal justice. Viewed in this light, the
brusque approach of the High Court in dealing with the appeal,
resulting in the conviction of Appellant Nos. 1 and 2, reversing
the cogent and well-considered judgment of acquittal by the Trial
Court giving them the benefit of doubt, cannot be sustained.”
32. Considering the entire evidence on record, it clearly
appears that there is no credible evidence to connect the
present accused with the alleged crime and the evidence on
record is not so convincing to prove beyond reasonable doubt
that the accused has committed the alleged crime. Therefore,
the accused cannot be convicted on the evidence on record.
33. On perusal of the impugned judgment and order, it
clearly transpires that the trial Court has not committed any
error of fact and law in appreciating the evidence on record
and in acquitting the accused from the charges levelled
against them. Even on re-appreciation of the evidence, it
clearly transpires that the prosecution has miserably failed to
prove the charge levelled against the accused beyond
reasonable doubt. Therefore, the impugned judgment and
order of the trial Court is sustainable and the present appeal
is liable to be dismissed.
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(GJHC240468632010)
34. In view of the above, t h e present appeal is devoid of
merits and it deserves to be dismissed. Resultantly, it is
dismissed. The impugned judgment and order of acquittal
passed by the trial Court is hereby confirmed. Bail bond
stands cancelled. Record and proceedings be sent back to the
concerned Trial Court forthwith.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
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