NILESH SHANITLAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this application under Section 397 read with 401 of the Code of Criminal Procedure, 1973 ["the Code" for short] and challenged the judgment and order dated 8th November 2001 rendered by the learned Joint Judicial Magistrate First Class, Mandvi, in Criminal Case No. 887 of 1998 whereby the learned Magistrate acquitted the respondent No. 2-accused for the offences punishable under Sections 279 and 338 of the Indian Penal Code ["ipc" for short] and Sections 177 and 184 of the Motor Vehicles Act, 1988 ["mv Act" for short].

(2.) ON the basis of the complaint filed by complainant Nilesh Shantilal Thakkar before Mandvi Police Station, an offence was registered as I-C. R. No. 124 of 1997 for the offences punishable under Sections 279 and 338 of the IPC and Sections 177 and 184 of the MV Act and the investigation was started. On completion of the investigation, charge-sheet for the aforesaid offences came to be filed before the learned Judicial Magistrate First Class, Mandvi. The learned Magistrate framed charge at Exhibit 13 for the aforesaid offences against the respondent No. 2-accused, who pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced the evidence to prove the charge. On completion of recording of the evidence, incriminating circumstances appearing in the evidence were explained to the respondent No. 2-accused, who in his further statement recorded under Section 313 of the Code, stated that he has been falsely implicated in the offence and filed documents in support of his defence.

(3.) AFTER hearing the learned Public Prosecutor for the State and the learned advocate for the accused, the learned Magistrate came to the conclusion that the prosecution has failed to prove the charge levelled against the respondent No. 2-accused and, therefore, acquitted him for the offence charged against him.