CR.A/1325/2009

Judgment text excerpt

NEUTRAL CITATION R/CR.A/1325/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34938 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1325 of 2009 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================== Approved for Reporting Yes No ✔ ========================================== STATE OF GUJARAT Versus KASHIVBEN W/O GOVINDBHAI LAVJIBHAI JETHVA ========================================== Appearance: MS JIRGA JHAVERI APP for the Appellant(s) No. 1 MRS REKHA H KAPADIA(2246) for the Opponent(s)/Respondent(s) No. 1 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 10/06/2026 JUDGMENT 1. The appellant - State of Gujarat has preferred this appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 23.04.2009 passed by the learned Additional Sessions Judge, [F.T.C. - 2], Bhavnagar at Mahuva (hereinafter be referred to as “the trial Court”) in Sessions Case No.166 of 2004, whereby, the trial Court has acquitted the original accused (respondent herein) for the offences punishable under Sections 498A, 316, 323 etc of the Indian Penal Code (hereinafter be referred to as “the IPC). Page 1 of 9 Uploaded by () on Downloaded on : Tue Jun 30 22:34:16 IST 2026 NEUTRAL CITATION R/CR.A/1325/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34938 2. It is alleged in the complaint that the younger daughter of the complainant namely Gita married with one Kishor resident of Jesar Village. That on 11.04.2004, the complainant received an information from one Virabhai Makwana that his daughter was given mental and physical torture by her in-laws, due to which, the complainant went at Village: Jesar. It is also alleged that on 16.04.2004, the m