STATE OF GUJARAT Vs. SURESH

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. 1/10/2007 in Sessions Case No.48 of 2004 passed by the learned Additional Sessions Judge and Presiding Officer, 7th Fast Track Judge, Gondal camp at Dhoraji (hereinafter referred to as 'the learned Trial Court'), whereby, the learned Trial Court has acquitted the respondents - accused from the offences punishable under Ss. 498(A), 323, 306 and 114 of the Indian Penal Code (hereinafter referred to as 'the IPC '). 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 learned Trial Court, the appellant - State has filed the present appeal mainly stating that the learned Trial Court has committed grave error on record of the case as the learned Trial Court has not properly appreciated the oral as well as documentary evidence in its true and proper perspective. That the judgment and order of acquittal passed by the learned Trial Court is based on inferences not warranted by facts of the case and also on presumption not permitted by law. The learned Trial Court has erred in not considering the ratio laid down by the judgment of the Apex Court which are applicable to the facts of the present case and the impugned judgment and order is perverse and suffering from legal and factual error apparent on the record. The learned Trial Court has erred in holding that the prosecution has failed to establish the case beyond reasonable doubts. The learned Trial Court has, without giving any specific reason, not discussed the evidence of the witnesses in the impugned judgment and order of acquittal and has discarded the evidence of the witnesses. The learned Trial Court has erred in not considering the evidence of the complainant and other witnesses which was fully supported the case of the prosecution. The learned Trial Court has passed the impugned judgment and order of acquittal is without giving any cogent and convincing reasons, illegal, invalid and improper, and therefore, the same requires to be quashed and set aside.