STATE OF GUJARAT Vs. GHANCHI IMRANBHAI ISMAILBHAI

JUDGEMENT

(1.) The present present appeal is filed by the appellant State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, Mehsana (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 86/2009 on 28/1/2010, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Ss. 323 , 504 , 506(2) and 114 of IPC and Sec. 135 of Bombay Police Act.

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the judgement and order of acquittal, the appellant State has filed the present appeal mainly stating that the learned Trial Court has not considered the oral and documentary evidences in proper perspective and has erred in holding that the prosecution has failed to prove the case beyond reasonable doubts. The complainant has fully supported the case of the prosecution and the caste certificate of the complainant is produced on record. The learned Trial Court has not considered the evidences produced on record and even though there is nothing on record that the incident has not occurred, the learned Trial Court has disbelieved the case of the prosecution. The prosecution has successfully established the case against the respondents and the judgement and order of acquittal is unwarranted, illegal and without any basis in the eyes of law and the reasons stated while acquitting the respondents are improper, perverse and bad in law and hence, the impugned judgement and order must be quashed and set aside.