Gujarat High Court
CR.RA/1226/2025 of STATE OF GUJARAT Vs JAKIR UMARBHAI MALLA on 13 January 2026
13/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 1226 of 2025 ========================================================== STATE OF GUJARAT Versus JAKIR UMARBHAI MALLA & ORS.
R/CR.RA/1226/2025 ORDER DATED: 13/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1226 of 2025
==========================================================
STATE OF GUJARAT
Versus
JAKIR UMARBHAI MALLA & ORS.
==========================================================
Appearance:
MR. UTKARSH SHARMA, APP for the Applicant(s) No. 1
MR A A ZABUAWALA(6823) for the Respondent(s) No. 1,3
MR. NEEL P. KANABAR(16614) for the Respondent(s) No. 2,4
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 13/01/2026
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ORAL ORDER
1. Heard learned advocates for the respective parties.
2. The State is before this Court challenging the order dated 07.10.2024 regarding marking of Pen Drive and transcript of audio clip as Mark-A to be kept alongwith the deposition of the victim, passed by the learned Additional Special Judge, Gondal, Rajkot under the case registered as Special POCSO Case No.42 of 2020, interalia contending that without following due provisions of the Indian Evidence Act and Indian Penal Code, the Court could not mark that document.
3. Learned advocate for the respondent would submit that the matter is on the verge of completion, and merely because of pendency of the present revision application, the learned Trial Court
R/CR.RA/1226/2025 ORDER DATED: 13/01/2026 is unable to proceed with the matter, more particularly, has fairly stated that the Trial Court has merely marked the document and not exhibited.
4. Be that as it may, the facts remains that even the document is exhibited, contentions are required to be proved in accordance with law. In the present case, when the learned Trial Court has merely marked the Pen Drive and transcript of audio clip as Mark-A, it goes without saying that without following the provisions of the Indian Evidence Act and the Indian Penal Code, the same cannot be looked into as evidence.
5. With the aforesaid observations, the present revision application stands partly allowed.
6. It is made clear that this Court has not gone into the merits of the case. (P. M. RAVAL, J) NITIN MAKWANA
Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 13/01/2026 14:05:45