STATE OF GUJARAT Vs. PRAVINBHAI PURSHOTTAMBHAI AND ORS.

JUDGEMENT

(1.) By way of this Appeal, the Appellant - State has felt aggrieved by the judgment and order of acquittal dated 20.11.1993 passed by the learned Additional Sessions Judge, Navsari, Valsad in Sessions Case No. 12/1991 whereby the respondents were acquitted for the offences punishable under Ss. 395, 397, 452, 427 read with Sec. 114 of the Indian Penal Code.

(2.) The case of the prosecution is as under: - -

(3.) Learned Additional Public Prosecutor Ms. C.M. Shah for the appellant - State has taken this Court to the evidence led by the complainant - Sanjaybhai as also the other two independent witness - Manbodhsinh and Gajrabhai. It is submitted that though the panch witnesses have turned hostile, however, looking to medical evidence, the learned Judge ought to have awarded maximum punishment to the accused. It is further submitted that it ought to be appreciated that the deposition given by the injured witnesses have got much evidentiary value. It is further submitted that the prosecution has successfully proved its case beyond reasonable doubt. Considering the above, it is submitted that this is a fit case which requires interference of this Court and the judgment and order of the learned Judge qua the acquittal of the respondents should be upturned by this Court.