STATE OF GUJARAT Vs. RAKESH MANSUKHBHAI MAKADIYA

JUDGEMENT

(1.) This appeal has been 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 Presiding Officer, 3rd Fast Track Court, Gondal Camp at Upleta (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 174/2007 on 29/11/2007, whereby, the learned Trial Court has extended the benefit of doubt and acquitted the respondents for the offence punishable under Ss. 306, 498A and 114 of Indian Penal Code, 1860 (hereafter referred to as "IPC" for short) and Sec. 7 of The Dowry Prohibition Act, 1961 (hereafter referred to as "Dowry Act" for short).

(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.