STATE OF GUJARAT Vs. RAMESHBHAI @ RAMANBHAI JIVANJI PRAJAPATI

JUDGEMENT

(1.) BY this application under sections 378(1) and 378(3) of the Code of Criminal Procedure, 1973, the applicant ­ State of Gujarat seeks leave to appeal against the judgement and order of acquittal dated 30th April, 2012 passed by the learned Special Judge, Valsad in Special Case - Atrocity No.5 of 2010.

(2.) MR . K. L. Pandya, learned Additional Public Prosecutor drew the attention of the court to the record and proceedings of the case and more particularly, to the depositions of the first informant and the medical officer, to submit that the first informant had sustained injuries during the course of the incident which was duly supported by the deposition of the medical officer and as such, the learned Judge was not justified in holding that the prosecution has not proved the charges levelled against the accused beyond reasonable doubt. The appeal, therefore, requires consideration and leave to appeal deserves to be granted.

(3.) PURSUANT to the lodging of the first information report, investigation came to be carried out and a charge-sheet came to be submitted in the Court of the learned Fourth Additional Senior Civil Judge & Chief Judicial Magistrate, Valsad who committed the same to the Court of Sessions where it was registered as Special Case-Atrocity No.5 of 2010.