STATE OF GUJARAT Vs. VINU

JUDGEMENT

(1.) As the present Appeal and the Revision Application arise out of the impugned judgment and order passed by the learned Additional Sessions Judge, Sabarkantha at Modasa in Criminal Appeal No. 10 of 2013 and arising out of the same Criminal Case both these Appeal and the Revision Application are heard, decided and disposed of together by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Appellate Court - learned 3rd Additional Sessions Judge, Sabarkantha at Modasa dated 13.11.2013 passed in Criminal Appeal No. 10 of 2013 by which the learned Appellate Court has interfered with the judgment and order passed by the learned trial Court and has not only acquitted the original accused for the offence under Sections 406 and 420 of the Indian Penal Code but has also interfered with the sentence imposed by the learned trial Court imposed while convicting the original accused for the offences under Sections 465, 467, 468 and 471 of the Indian Penal Code, the State has preferred present Criminal Appeal No. 208 of 2014 for enhancement of the sentence and to restore the judgment and order passed by the learned trial Court.

(3.) The facts leading to the present Criminal Appeal No. 208 of 2014 are as under:--