Gujarat High Court
Criminal LawCriminal Procedure and Evidence

An acquittal cannot be disturbed where the trial court’s view is reasonably possible.

NANDIBEN WD/O NAGINBHAI PATEL vs STATE OF GUJARAT

Gujarat High CourtJUDGMENT: October 09, 20262 MIN READSOURCE JUDGMENT
An acquittal cannot be disturbed where the trial court’s view is reasonably possible.. NANDIBEN WD/O NAGINBHAI PATEL vs STATE OF GUJARAT. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, the original complainant, sought leave to appeal against the Sessions Court’s judgment dated 19 August 2025 acquitting the accused of offences under Sections 302, 120B, 201 and 506(2) of the Indian Penal Code.

Source reference: pp. 2–3, 6–8

The prosecution alleged that the accused murdered the complainant’s son, moved his body to a railway track to make the death appear suicidal, and threatened his daughter.

Source reference: pp. 2–3, 6–8

The case rested substantially on circumstantial evidence.

Source reference: pp. 2–3, 6–8

The High Court noted that the daughter, described as the principal eyewitness, was declared hostile and did not support the prosecution; the prosecution also failed to establish the alleged relationship between the accused or their presence and involvement at the scene.

Source reference: pp. 2–3, 6–8

The complainant’s evidence did not establish the accused’s involvement.

Source reference: p. 7
02

Issues

Whether the applicant had shown grounds for leave to appeal against the acquittal, including that the trial court’s findings were perverse or otherwise unsustainable.

Source reference: pp. 8–9, 13–14

Whether the prosecution evidence established a complete chain of circumstances pointing to the accused’s guilt and excluding other reasonable conclusions.

Source reference: pp. 7–8
03

Law Applied

The Court considered the offences charged under Sections 302, 120B, 201 and 506(2) IPC, and the application for leave under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as stated in the judgment.

Source reference: pp. 2, 13

In a circumstantial-evidence case, the circumstances relied upon must be fully established and form a complete chain pointing to guilt while excluding other reasonable hypotheses.

Source reference: pp. 7–8

On an appeal against acquittal, the appellate court may review the evidence, but the acquittal strengthens the presumption of innocence; where the trial court’s view is a reasonable possible view, the acquittal should not be disturbed merely because another view is possible.

Source reference: pp. 8–13

Interference is warranted where, among other grounds, the judgment is perverse or materially misreads or omits evidence.

Source reference: pp. 8–13

The Court relied on Ramesh Babulal Doshi v. State of Gujarat (1996) 9 SCC 225 and the principles reproduced from Tulasareddi @ Mudakappa & Anr. v. State of Karnataka & Ors., 2026 INSC 67.

Source reference: pp. 8–13
04

Reasoning

The Court found that the principal eyewitness did not support the prosecution and that the evidence did not establish the alleged relationship, the accused’s presence at the deceased’s house, or their involvement in transporting the body.

Source reference: p. 6

The complainant’s testimony, including matters based on hearsay, did not cure those evidentiary gaps or implicate the accused.

Source reference: p. 7

The circumstances therefore did not form a complete chain pointing to guilt.

Source reference: pp. 7–8

The applicant also failed to demonstrate that the trial court’s assessment was perverse, contrary to the evidence, or otherwise unsustainable; the acquittal represented a possible view of the evidence.

Source reference: pp. 8–9, 13–14
05

Holding

The High Court held that no case was made out to grant leave to appeal against the acquittal.

It dismissed the application for leave and, consequentially, dismissed the captioned criminal appeal.

Source reference: pp. 13–14
06

Acts & Sections Cited

8 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Indian Penal Code, 18603

Bharatiya Nagarik Suraksha Sanhita, 20231

Code of Criminal Procedure, 19734

Gujarat High Court

Original Court PDF

NANDIBEN WD/O NAGINBHAI PATELvsSTATE OF GUJARAT

Gujarat High Court · October 09, 2026

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