STATE OF GUJARAT Vs. HAFIZ ALLARAKH

JUDGEMENT

(1.) The appellant - State of Gujarat has preferred the present appeal under Sec. 378 of Criminal Procedure Code, 1973 against the judgment and order of acquittal dtd. 17/4/1996 passed by the learned Additional Sessions Judge, Bhavnagar (hereinafter be referred to as "the trial Court") in Sessions Case No. 198 of 1995, whereby the respondent- original accused was acquitted from the charges levelled against him under Ss. 376 , 506(2) etc. of the Indian Penal Code and Sec. 135 of the Bombay Police Act.

(2.) It is contended by the appellant that the respondent - accused was charged and tried by the trial Court in the said Sessions Case for the offences punishable under Ss. 376 , 506(2) etc. of the Indian Penal Code and Sec. 135 of the Bombay Police Act, wherein at the end of trial, by the impugned judgment and order dtd. 17/4/1996, the trial Court was pleased to acquit the respondent - accused. It is the contention of the appellant that the judgment and order of acquittal is against the law and evidence on the record of the case and the trial Court has not properly appreciated the evidence available on record. It is the further contention of the appellant that the trial Court has committed an error in not considering the evidence of the witnesses, who have supported the case of the prosecution and they have narrated the incident in detail about the role played by the accused- person. It is also the contention of the appellant that the prosecution has proved its case beyond reasonable doubt and, therefore, the respondent - accused ought to have been convicted for the offences with which he was charged. According to the appellant, the entire evidence has not been properly appreciated by the trial Court below and, therefore, the acquittal order is illegal. It is prayed by the appellant to set aside the impugned judgment and order of acquittal.

(3.) The facts in brief giving rise to the filing of present appeal are as under: