STATE OF GUJARAT Vs. PRAKASH KHANDUBHAI GANDHI

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 22.6.2005 rendered by learned Judicial Magistrate, First Class, Ahwa in Criminal Case No.530 of 2001.

(2.) The short facts giving rise to the present appeal are that in the year 1994, on completion of Visa period of accused No.1, he had deposited his passport with one person named Talwar in the office of M/s Mehra Enterprises at Bombay. In the year 1994 before accused No.1 was going to Saudi Arabia, in furtherance of their common intention in conspiracy with accused No.2, by using passport of one Pravinbhai bearing No.A/117862 and using the photograph of accused No.1 and by putting false signature of PKR by making corrections in the passport, by impersonation using the said passport in conspiracy with each other, for going to Saudi Arabia, they have committed offences punishable under section 12(A)(B) of Indian Passport Act read with sections 120(B), 419, 468, 471 and 34 of IPC. Hence, the complaint came to be lodged against the respondents accused.

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