STATE OF GUJARAT Vs. CHELABHAI LAVJIBHAI CHAUDHARY

JUDGEMENT

(1.) THE present acquittal Appeal is filed by the appellant - State of Gujarat, under Section 378(1)(3) Cr. P.C., against the Judgment and order dated 20.05.2000, passed by the learned Judicial Magistrate, First Class, Kheda, in Criminal Case No. 425 of 1994. THE said case was registered against the present respondents - original accused for the offence under Section 420, 406, 477(A) & 114 of Indian Penal Code. THE said Judgment of the trial Court has been challenged by the appellant - State of Gujarat on the ground that the Judgment and order passed by the trial Court is against the law and evidence on record.

(2.) ACCORDING to the case of prosecution the Gujarat Secondary Education Board, Vadodara, appointed the accused as Examiners for the examination to be held during the period from 14.4.1991 to 13.4.1991 at Kheda H & Parekh High School. The said examination was for physical and practical. It is alleged that the accused collected Rs.3000/- from 12 students by way of illegal gratification and made scratches and erasures in their mark-sheet. It is alleged that the said amount was collected from the parents of said students or from the tauts and used the same for their personal use. On the above facts the complaint was filed by the Assistant Secretary, Gujarat Secondary Education Board. After investigation the police filed charge-sheet in the Court of learned JMFC, Kheda.

(3.) I have gone through the papers produced in the Case. I have also gone through the oral as well as documentary evidence produced before the trial Court as well as the Judgment of the trial Court. Looking to the papers, it clearly appears that none of the ingredients of sections alleged in the charge are proved against the respondents - accused. In my opinion, the learned Magistrate has not committed any error in acquitting the respondents - accused from the charges levelled against them. The trial Court has rightly given the benefit of doubt to the respondents - accused and, therefore, this Court is not inclined to interfere with the said findings of the trial Court. In the facts of the case I am in complete agreement with the reasons assigned by the trial Court.