STATE OF GUJARAT Vs. RASIDBHAI ISMAILBHAI SALEJI

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 18.8.2004 passed by the learned JMFC, Idar in Criminal Case No. 255/2004, whereby the accused have been acquitted of the charges under sec. 25(1) of the Arms Act, 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 prior to the raid, preliminary panchnama was not prepared by the Investigating Agency and the sealing and seizing of muddamal is also not proved beyond reasonable doubt by the prosecution. The name and addresses of the panchas were not given in the complaint. The witnesses of the raiding party are interested witnesses and therefore, they have supported the case of the prosecution but panch witnesses have not supported the case of the prosecution. The place of offence is also not proved and the ownership of the land and muddamal is also not proved beyond reasonable doubt. 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.