STATE OF GUJARAT Vs. VINESH

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dtd. 8/5/2009 in Sessions Case No.241 of 2007 passed by the learned Additional Sessions Judge, Court No.17, Ahmedabad (hereinafter referred to as 'the Trial Court'), whereby, the learned Trial Court has acquitted the respondents - accused from the offences punishable under Ss. 399 and 402 of the Indian Penal Code (hereinafter referred to as 'the IPC') and Sec. 135(1) of the Bombay Police Act (hereinafter referred to as 'the B.P. Act'). The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order passed by the Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order passed by the learned Trial Court is contrary to law, evidence on record and principles of justice and is based on inferences not warranted by facts of the present case and also on presumption, not warranted by law. The learned Trial Court has erred in seeking direct and indirect evidence produced in this case connecting the respondents with crime and inspite of the fact, the learned Trial Court, without appreciating the evidence produced by the prosecution, arrived at the conclusion that the prosecution has failed to prove the case beyond reasonable doubt. The learned Trial Court has not properly appreciated the oral as well as documentary evidence on record it its true spirit. The learned Trial Court has also committed an error in arriving at the conclusion that though the complainant and the prosecution witnesses have fully supported the case of the prosecution and there are no material contradictions, the Trial Court has acquitted the accused. The learned Trial Court has erred in appreciating the fact that even the panch witnesses have turned hostile and no supporting the prosecution case, in spite of that when the evidence of the complainant and other witnesses have support the prosecution case, then in that case, the learned Trial Court ought not to have discarded the evidence of the complainant and other witnesses, more particularly, when the same is reliable, trustworthy and inspires confidence of the Court. The learned Trial Court has erred in appreciating the various authorities in favour of the respondents and thereby, has committed error in acquitting the respondents. The impugned judgment and order of acquittal passed by the Trial Court is illegal, invalid, improper, perverse and bad in law and the same deserves to be quashed and set aside.