STATE OF GUJARAT Vs. VANRAJSINH BAHADURSINH PARMAR

JUDGEMENT

(1.) Criminal Appeal No. 1483 of 2008 has been filed by the appellant - State against the respondents - original accused nos. 1 and 2 of Sessions Case No. 62 of 2006 and Criminal Appeal No. 1484 of 2008 has been filed by the appellant - State against the respondents - original accused nos. 1 and 2 of Sessions Case No. 63 of 2006 under Sec. 378(1)(3) of the Code of Criminal Procedure, against the common judgement and order of acquittal passed on 16/2/2008 by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 7, Gondal, Camp at Dhoraji, (hereinafter referred to as 'the learned Trial Court').

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

(3.) Being aggrieved and dissatisfied with the said judgement and order of acquittal, the appellant - State has filed the present appeal mainly stating that the impugned judgement and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has not appreciated the fact that all the witnesses have supported the case of the prosecution and during cross-examination, nothing adverse has been elicited in favour of the respondent. The case has been proved beyond reasonable doubts and 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 respondent are improper, perverse and bad in law. Hence the impugned judgment and order passed by the learned Trial Court deserves to be quashed and set aside.