(1.) The present appeal is preferred by the appellant State of Gujarat under Section 377 of the Code of Criminal Procedure, 1973, against the order of granting the benefit to the accused under the Probation of Offenders Act and under Section 360 of the Cr.P.C, passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Rajkot dated 31.03.2005 in Sessions Case No. 21 of 2003.
(2.) The facts leading to filing of the present appeal are as under : -
(3.) To prove its case, the prosecution has examined 8 oral witnesses as well as produced 8 documentary evidences.