IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL APPEAL No. 1028 of 2004

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STATE OF GUJARAT - Appellant(s)
Versus
ASLAMMIYA ABDULMIYA SHEIKH &10 - Opponent(s)
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Appearance :

Mr SS Patel, Addl. PUBLIC PROSECUTOR for Petitioner No(s).: 1.

None for Respondent No(s).: 1, 2,3,
4,5,6,7,8,9,10,11.
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CORAM :HON'BLE MR.JUSTICE A.R.DAVE
AND

HON'BLE MR. JUSTICE MD SHAH

Date : 13/07/2005

ORAL ORDER
(Per : HON'BLE MR.JUSTICE A.R.DAVE)
.
1. This is an appeal against the judgment and order dated26th March, 2004, passed by the
Addl.Sessions Judge, Sabarkantha at Himatnagar, in Sessions Case No. 107 of 2003.
By virtue of the impugned judgment, the accused, who had been charged under sections
395, 436, 427 and 336 of the Indian Penal Code and u/s 135 of the Bombay Police Act,
have been acquitted.
2. We have heard learned APP Shri Sudhansu Patel and have also perused copies of the
evidence, which had been adducedbefore the Trial Court.
3. The case of the prosecution before the Trial Court was that the accused had been
involved in offences relating to loot and arson. We have gone through the evidence,
which had been adducedbefore the Trial Court. Upon perusal of the evidence, it is clear
that not a single accused had been identified by anyone. It is doubtful whether the
accused were in the mob, which had committed the alleged offences. The complainant
as well as other witnesses have deposed that they were not knowing the accused. They
could not even identify the accused. It is strange as to how the accused were arrested
as at no point of time there was any identification parade conducted.
4. For the aforestated reasons, in our opinion, it cannot be said that the prosecution had
established its case against the accused.

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 5. We do not find any reason to take a view different than the one whichhas been
expressed by the trial court. As there is no substance in the appeal, we dismiss the
appeal.

(A.R. Dave, J.)

(M.D. Shah, J.)

(hn)

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