STATE OF GUJARAT Vs. VIJAYBHAI ALSIBHAI BORKHATARIYA

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 7.7.2006 rendered by learned Chief Judicial Magistrate, Junagadh in Criminal Case No.2827 of 2002.

(2.) The short facts giving rise to the present appeal are that on 7.5.2002 the respondent was on duty and he was handed over duty to take two prisoners to Civil Hospital by Government vehicle. It is alleged that at about 10.30 am on that day, the prisoners were brought to the Civil Hospital and the accused had permitted the prisoners to go outside his legal custody and was found negligent in his duty and thereby the accused committed the offence. Hence, the complaint came to be lodged against the respondent accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.