Supreme Court of India · 2018-11-13
LABHUJI AMRATJI THAKOR vs THE STATE OF GUJARAT
- Citation / case number
- SC 2018/27848
- Court
- Supreme Court of India
- Petitioner
- LABHUJI AMRATJI THAKOR
- Respondent
- THE STATE OF GUJARAT
- Author
- HON'BLE MR. JUSTICE ASHOK BHUSHAN
- Bench
- HON'BLE MR. JUSTICE A.K. SIKRI, HON'BLE MR. JUSTICE ASHOK BHUSHAN, HON'BLE MR. JUSTICE AJAY RASTOGI
Judgment text excerpt
The Supreme Court addressed the appeal against the Gujarat High Court's judgment which set aside the Additional District & Sessions Judge's order rejecting the prosecution's application under Section 319 of the Code of Criminal Procedure, 1973. The Court emphasized that for invoking Section 319, there must be sufficient evidence to establish a prima facie case against the appellants, which was lacking in this instance. The Court held that the High Court erred in reversing the lower court's decision without valid grounds, thereby allowing the appeal and restoring the order of the POCSO Judge.