STATE OF GUJARAT Vs. PRABHUBHAI ISHWARBHAI 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 7.9.1993 passed by the learned Judicial Magistrate, First Class, Viramgam in Criminal Case No.435 of 1992, whereby the accused has been acquitted from the charges leveled against him.

(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 has clearly recorded a finding that there was no witness except Bhagvatiben at the time of incident and therefore, prosecution has failed to prove the case against the accused. Thus, from the evidence itself it is established that the prosecution has not proved its case beyond reasonable doubt.