STATE OF GUJARAT Vs. MAGANBHAI RAMJIBHAI PATEL

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 24.2.2003 passed by the learned JMFC, Surat, in Criminal Case No.2153/1994, whereby the accused have been acquitted of the charges under sec. 120-B, 420, 467, 468 and 471 of IPC, leveled against them.

(2.) THE brief facts of the prosecution case are as under:

(3.) I have gone through the judgment and order passed by the trial court. I have also perused the oral as well as documentary evidence led by the trial court and also considered the submissions made by learned APP for the appellant-State. The trial court while considering the oral as well as documentary evidence has clearly observed that the prosecution has miserably failed to prove the case against the accused beyond any reasonable doubt. Even no direct or indirect evidence is produced by the prosecution to prove the criminal conspiracy. So far as the forged document is concerned, the prosecution has also failed to prove the same to the effect that who has prepared the said forged document. Even in the present appeal, nothing is produced or pointed out to rebut the conclusion of the trial Court. Thus, from the evidence itself it is established that the prosecution has not proved its case beyond reasonable doubt.