STATE OF GUJARAT Vs. THAKOR TULSIBHAI MAVABHAI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.04.1996 passed by the learned Judicial Magistrate, First Class, Radhanpur in Criminal Case No. 168 of 1989 whereby, the respondent accused person was acquitted of the alleged offences punishable u/s. 326 & 447 of the Indian Penal Code.

(2.) The brief facts of the prosecution case are as under;

(3.) Heard learned counsel for the appellant and perused the entire documents on record. None appears on behalf of the respondent. The principles which would govern and regulate the hearing of appeal by this Court against an order of acquittal passed by the trial Court have been very succinctly explained by the Apex Court in a catena of decisions. This Court has the power to re-consider the whole issue involved in the appeal, re-appraise the evidence and come to its own conclusion and findings in place of the findings recorded by the trial Court, if the said findings are against the weight of the evidence on record or, in other words, perverse. Even in a recent decision of the Apex Court in the case of State of Goa v. Sanjay Thakran & anr. reported in (2007) 3 S.C.C. 755, the Court has reiterated similar principle. In Para-16 of the said decision, the Court has observed as under ;