HC admits SIT appeals in Deepda Darwaza massacre case
Ahmedabad, May 6: Gujarat High Court on Monday admitted the appeals filed by SIT challenging the designated court's order in post-Godhra Deepda Darwaza riots case, in which 11 persons, including nine women and children were
Ahmedabad, May 6: Gujarat High Court on Monday admitted the appeals filed by SIT challenging the designated court's order in post-Godhra Deepda Darwaza riots case, in which 11 persons, including nine women and children were killed.
A division bench of Justices M R Shah and S H Vora exempted the SIT for the delay in filing the appeals and admitted them.
In its judgment on July 30, 2012, the designated judge S C Srivastava has awarded life imprisonment to 21 people and a year in jail to a retired police officer, while acquitting 61 others.
SIT had filed the appeals challenging the judgment earlier this month, beyond the stipulated time limit of 90 days and hence it has also filed a separate application seeking court's permission to grant delay.
In the appeals, the SIT has demanded that 21 accused convicted under section 307 (attempt to murder) of the IPC should be convicted for murder (under section 302 of IPC).
It has also challenged the acquittal of 57 accused, who were given benefit of doubt by the designated court, on the grounds that there was a criminal conspiracy behind the incident which has resulted in the death of 11 members of a family.
In the case of four other accused, who were acquitted by the court, a consent to file appeal was yet to be received from the state legal department as their whereabouts was not known and appeals against their acquittal has not been filed yet.
Over a decade after the incident, designated judge had acquitted 61 of the 83 accused, including former BJP MLA Prahlad Gosa and ex-municipal president Dayabhai Patel, also of the same party.
The designated court had dropped the charges of murder (section 302) and 120(B) (Criminal Conspiracy) of IPC against all the 21, who were awarded life imprisonment.
A division bench of Justices M R Shah and S H Vora exempted the SIT for the delay in filing the appeals and admitted them.
In its judgment on July 30, 2012, the designated judge S C Srivastava has awarded life imprisonment to 21 people and a year in jail to a retired police officer, while acquitting 61 others.
SIT had filed the appeals challenging the judgment earlier this month, beyond the stipulated time limit of 90 days and hence it has also filed a separate application seeking court's permission to grant delay.
In the appeals, the SIT has demanded that 21 accused convicted under section 307 (attempt to murder) of the IPC should be convicted for murder (under section 302 of IPC).
It has also challenged the acquittal of 57 accused, who were given benefit of doubt by the designated court, on the grounds that there was a criminal conspiracy behind the incident which has resulted in the death of 11 members of a family.
In the case of four other accused, who were acquitted by the court, a consent to file appeal was yet to be received from the state legal department as their whereabouts was not known and appeals against their acquittal has not been filed yet.
Over a decade after the incident, designated judge had acquitted 61 of the 83 accused, including former BJP MLA Prahlad Gosa and ex-municipal president Dayabhai Patel, also of the same party.
The designated court had dropped the charges of murder (section 302) and 120(B) (Criminal Conspiracy) of IPC against all the 21, who were awarded life imprisonment.