LAWS(GJH)-2012-2-239

STATE OF GUJARAT Vs. MOHBATSINH TIKUSINH SOLANKI SERVED

Decided On February 14, 2012
STATE OF GUJARAT Appellant
V/S
MOHBATSINH TIKUSINH SOLANKI SERVED Respondents

JUDGEMENT

(1.) THE present appeal is filed by the State of Gujarat being aggrieved by judgment and order dated 30.03.1990 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No.79 of 1989, whereby the learned Additional Sessions Judge was pleased to record acquittal of the accused for offence under Sections 363, 366, 376, 342 and 114 of the Indian Penal Code.

(2.) ON perusal of the record, it is found that the appellant-State is not able to serve accused No.2. So far as accused No.1 is concerned, learned APP reports that he has already expired on 16.09.2009. Learned APP places on record a xerox copy of the fax message received from In-charge Police Inspector, Rajkot Railway Police Station. In light of that, appeal qua accused No.1 stands abated.

(3.) LEARNED APP tried to convince the Court on the point that the learned Additional Sessions Judge has committed an error in acquitting the accused of the offence with which they were charged.