STATE OF GUJARAT Vs. ASHWINBHAI HIRALALL PARIKH

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 3.9.1996 passed by the learned JMFC, Halol in Criminal Case No. 594/1984, whereby the accused have been acquitted of the charges under sec. 409, 420, 467, 468, 411 and 34 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 prosecution has not followed proper procedure to prove the case under sec. 467 and 468 of IPC. The contention of entrustment and dominion over the property is also not proved. The prosecution has miserably failed to prove the case against the accused beyond any reasonable doubt. 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.