Guj HC | Benefit of doubt to be extended, if different opinions arise from the same set of facts and evidence

Gujarat High Court: A Bench of S.G. Shah, J. partly allowed an appeal which confirmed the conviction of the appellants but reduced the sentence.

In the present case the Sessions Court had convicted the appellants for abetment of suicide and subjecting the victim to cruelty respectively, in different appeals. The deceased had succumbed to the pressure from her in-laws and husband, as alleged in the petition, which was later challenged by the appellants.

The Court while not agreeing fully with the impugned judgment in appreciation of evidence, partly allowed the appeal where the conviction of the appellants was confirmed but the sentence was reduced to the period for which they have already undergone judicial custody, pending trial and appeal. Moreover, the Court also held that when it is possible to take a different view from the same set of evidence and offense, the benefit of doubt can be extended.[Bharatbhai Jamnadas Ramavat v. State of Gujarat, 2018 SCC OnLine Guj 3059, Order dated 05-07-2018]

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