The Gujarat High Court has dismissed the State’s appeal challenging the acquittal of two men in a case concerning the death of an 11-year-old boy who suffered electrocution near an agricultural field. The Division Bench of Justice Ilesh J. Vora and Justice R. T. Vachhani held that the prosecution had failed to establish beyond reasonable doubt that the accused had installed and electrified the fence.
Background
The case arose from an incident on December 28, 2023, when Ketan was found unconscious near a maize field in Dahod district, with his legs entangled in an iron-wire fence. He later died due to electrocution.
The prosecution alleged that the accused had electrified the fence to protect their crops from wild boars. However, the Additional Sessions Judge, Limkheda, acquitted them on July 1, 2025, giving them the benefit of doubt. The State subsequently challenged the acquittal before the High Court.
The High Court accepted that the boy’s death resulted from electrocution but found significant gaps in the evidence connecting the accused to the electrified fence. Witnesses gave inconsistent accounts regarding ownership and possession of the field, while the investigation did not establish the source of the electricity or who had made the connection.
The Bench observed,
“The offence under Section 304 read with Section 114 of the I.P.C. cannot be sustained merely by showing that the child died from a live wire.”
It further noted that the prosecution could not shift its burden onto the accused merely because they had not examined certain local officials or witnesses.
Referring to the principles governing circumstantial evidence, the Court emphasised that the circumstances must firmly establish the accused’s guilt and exclude reasonable doubt.
The Bench also clarified that the question of whether the incident attracted Section 304 or Section 304A of the IPC did not arise because the prosecution had failed to establish who installed the fence.
The High Court held that the trial court had adopted a reasonable and plausible view of the evidence and that its decision did not warrant appellate interference.
Accordingly, the State’s appeal was dismissed, and the acquittal order dated July 1, 2025, was confirmed.
Case Details
- Case Title: State of Gujarat v. Sayababhai Sartanbhai Bariya & Anr.
- Case Number: R/Criminal Appeal No. 2381 of 2026
- Judges: Justice Ilesh J. Vora and Justice R. T. Vachhani
- Decision Date: October 21, 2026
