VIDHYABEN MANILAL PATEL Vs. ROSHANBHAI SHANKARBHAI PATEL

JUDGEMENT

(1.) THE petitioner, original complainant, has filed this application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 [sthe Code for short] and challenged the judgment and order of acquittal dated 6th February 2001 rendered by the learned Additional Sessions Judge, Bharuch camp at Rajpipla, in Sessions Case No. 102 of 1994.

(2.) ON the basis of the complaint filed by Vidhyaben Manilal Patel, an offence under Sections 323, 307, 504 of the Indian Penal Code and Section 135 of the Bombay Police Act, 1951 was registered at C. R. No. I-144 of 1993 before Rajpipla Police Station and the investigation was started. On completion of the investigation, charge-sheet came to be filed against the respondent No. 1 herein, original accused, in the Court of learned Judicial Magistrate First Class, Rajpipla, for the aforesaid offences. As the offences were exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Bharuch, and it was registered as Sessions Case No. 102 of 1994.

(3.) THE learned Additional Sessions Judge, Bharuch camp at Rajpipla, framed charge at Exhibit 1 for the aforesaid offences against the respondent No. 1-accused, who denied having committed the offence and claimed to be tried. Therefore, the prosecution adduced the evidence. On completion of recording of the evidence, incriminating circumstances appearing in the evidence against the respondent No. 1 were explained to him. The respondent No. 1 in his further statement recorded under Section 313 of the Code stated that a false case is filed against him. After hearing the learned Public Prosecutor and the learned advocate for the respondent No. 1-accused, the trial Court acquitted the respondent No. 1-accused for the offences charged against him. Being aggrieved by the said decision, the petitioner-original complainant has preferred present Revision Application.