STATE OF GUJARAT Vs. PRAJAPATI DASHRATHBHAI SHIVABHAI

JUDGEMENT

(1.) This Appeal is filed under Sec. 378(1)(3) of the Code of Criminal Procedure against the judgment and order dtd. 28/8/2012 passed by the learned Additional Sessions Judge, Patan in Sessions Case No.23 of 2011. By the impugned judgment and order, the respondent-original accused No.2 was acquitted of the offence punishable under Ss. 376 , 506(2) of the Indian Penal Code.

(2.) The facts of the prosecution case in brief are as under:

(3.) Learned APP for the appellant-State has submitted that the learned Sessions Judge committed serious error by acquitting the respondent herein-original accused no.2 on the basis of minor contradictions. The evidence of the witness, which was being believed while convicting the accused No. 1 could not have been disbelieved by the learned judge while acquitting the respondent herein-original accused no.2 .That, the Judgment and order passed by the learned Sessions Judge reflects clear error of law and judgment to the extent it acquits the respondent herein-original accused no.2 and learned Sessions Judge does not reflect any just, proper and cogent reasons which may call for acquittal and it was a clear case, wherein, active role was played by the respondent herein- original accused no.2 in commission of the offence. That, while considering the criminal offence where more than one accused is involved, the role of the accused persons could be differentiated, however, the entire offence is to be seen and the manner and method in which, the offence is committed is required to be seen. The learned Sessions Judge while convicting the original accused no.1 for the offence punishable under Ss. 363 , 366 and 376 of the Indian Penal Code since the charges against him are proved, on the same set of evidence, ought to have convicted the respondent herein- original accused no.2 since he was equally liable for such offence as was involved in connivance with original accused no.1.