STATE OF GUJARAT Vs. RAMESHBHAI POPATBHAI CHAUHAN

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 1-3-2013 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No.166 of 2011 whereby the respondentoriginal accused was acquitted of the charges levelled against him.

(2.) Short facts of the case of the prosecution are a complaint was filed by the complainant alleging inter alia that on 20-4-2011 at about 1.30 a.m., the accused along with two other unknown persons, in connivance with each other, entered into the house of the victim with weapons and under the threat took away her earrings worth Rs.20,000/- by cutting her ears with a weapon. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Heard learned Additional Public Prosecutor, Ms.C.M.Shah for the appellant-State of Gujarat and learned advocate, Mr.Ekant Ahuja for the respondent-accused.