STATE OF GUJARAT Vs. BABUBHAI CHANDABHAI PARMAR

JUDGEMENT

(1.) The present appeal, under Sec. 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 30.12.2004 passed by the learned Presiding Officer, Third Fast Track Court, Nadiad in Sessions Case No. 112/2003, whereby, the learned trial Judge acquitted the original accused - the respondent herein, of the charges for the offence punishable under Sec. 14(G) of the SRP Act, 1951.

(2.) The brief facts of the prosecution case are that the complainant was working in Nadiad Town Police Station. The opponent -accused was working as a Constable in SRP Group VII. There were Loksabha and State Legislative Assembly Election and therefore the company of SRP was declared active under the SRP Act. On 9.2.1998 at 12.00 O'clock the SRP Group VII 'A' company was released from the Head Quarter with the instruction to report at Rajasthan for election Bandobast. It is the prosecution case that the opponent -accused deselected and left the office on his will without obtaining written or oral permission from the superior officer. Therefore, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was laid against him in the Court of learned Magistrate, Nadiad. As the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was numbered as Sessions Case No. 112/2003. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined 6 witnesses and also produced documentary evidence.