STATE OF GUJARAT Vs. RAJESHBHAI NATUBHAI PARMAR

JUDGEMENT

(1.) THE present appeal, under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 05/08/2004 passed by the learned Joint District Judge and Presiding Officer, 5th Fast Track Court, Nadiad in Sessions Case No. 264 of 2002, whereby the respondent herein - original accused has been acquitted of the charges levelled against him.

(2.) THE brief facts of the prosecution case are that the respondent herein - original accused alleged to have set fire the shop of the complainant for which, a complaint came to be lodged against the accused for the offence punishable under Sections 435, 436 and 511 of the Indian Penal Code (for brevity, 'the IPC').

(3.) ON the other hand, Mr. Asthavadi, learned advocate for the respondent, supported the impugned judgment and order and submitted that the same having been passed in accordance with law, does not call for any interference. It is submitted that the prosecution has failed to prove the case against the respondent beyond reasonable doubt and the learned trial Judge, after taking into consideration all the aspects of the matter, has come to such a conclusion, which is just and proper and has rightly acquitted the accused and accordingly, it is requested that this Court should not interfere in appeal.