STATE OF GUJARAT Vs. DHIRAJLAL NARANBHAI PATEL

JUDGEMENT

(1.) This appeal under section 378 of the Criminal Prodedure Code, at the instance of the State, is against the judgment and order of acquittal dated 24.07.1991 passed by the learned Extra Assistant Sessions Judge, Banaskantha at Palanpur in Session Case No.96/1989 whereby, the respondentsoriginal accused have been acquitted of all the charges levelled against them.

(2.) The brief facts of the prosecution case are that the complainant herein, Becharbhai Manjibhai, was residing along with his family consisting of his wife and two children, amongst whom one is the prosecutrix and other is Sureshbhai. Near the house of the complainant, respondent no.1 herein was residing along with his family and respondent no.2 herein happens to be the nephew of respondent no.1, who was residing along with the family of respondent no.1 at the relevant point of time.

(3.) Learned APP appearing for the appellant State has submitted that the trial Court has committed error in acquitting the respondentsaccused since there were ample direct and indirect evidence on record to connect the respondentaccused with the crime. She further submitted that the trial Court has failed to appreciate the material on record in its true perspective. Therefore, she requested this Court to allow this appeal.