STATE OF GUJARAT Vs. CHANDRAPRAKASH BHAGVATIPRASAD

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 passed by the learned Additional Sessions Judge, Rajkot (hereinafter referred to as 'the learned Trial Court') in Sessions Case No. 14 of 2008 dtd. 16/3/2012, whereby, the learned Trial Court has acquitted the respondent - accused from the offences punishable under Ss. 363 and 366 of the Indian Penal Code (hereinafter referred to as 'the IPC'). The respondent is hereinafter referred to as 'the accused' as he 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 impugned judgment and order of acquittal passed by the learned Trial Court is contrary to law, evidence on record and principles of natural justice. The learned Trial Court has erred in evaluating the evidence on record of the case and without appreciating the evidence in its real perspective. That there are directed and indirect evidence connecting the respondents with crime produced in this Court, in spite of the fact, the learned Trial Court, without appreciating oral as well as documentary evidence on record of the case, straight way arrived at conclusion that the prosecution has failed to prove the case beyond reasonable doubt. 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.