STATE OF GUJARAT Vs. MUKESHBHAI SAVJIBHAI PATEL

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 31.3.2005 rendered by the learned Judicial Magistrate, First Class, Rajkot, in Criminal Case No.11834 of 2004. The said case was registered against the present respondent original accused for the offence under Sections 379 and 356 of the Indian Penal Code.

(2.) THE case of the prosecution is that the complainant Ilaben Devendrabhai has filed a complaint before Bhaktinagar Police Station stating that on 15.12.2003 at about 12 hours while complainant was coming from school with her son, near C.N.Shah School, one person came on Hero Honda from back side and snatched away golden chain of the complainant. Accordingly, complaint under Section 379 and 356 of IPC was filed before the police station.

(3.) MS .Monali Bhatt, learned APP appearing for the State has submitted that the order of acquittal is contrary to law and evidence on record. She also submitted that the learned Magistrate has not properly appreciated the evidence of the complainant, which gives corroboration to the complaint. She also submitted that the complainant has also identified the accused before the Court. She also submitted that even the panchas have supported the case of the prosecution and identified the accused. She further submitted that learned Magistrate has erred even in considering the evidence of the investigating officer. She also submitted that looking to the offence in question lenient view should not have been taken by learned Magistrate. She, therefore, submitted that this appeal may be allowed and the impugned judgment may be reversed.