STATE OF GUJARAT Vs. KIRITKUMAR RAMANLAL KANTAWALA

JUDGEMENT

(1.) BY way of this appeal, under Section 378 of the Code of Criminal Procedure, 1973, the appellant-State has prayed to quash and set aside the judgment and order dated 30. 01. 1988 passed by the learned Addl. Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 68 of 1985, whereby, the respondents, accused persons, have been acquitted from the offences punishable u/s. 120-B, 363, 366 r/w. Section 114 of the Indian Penal Code, 1860 [for short, "the IPC"].

(2.) THE facts in brief, giving rise to the filing of the present appeal, are as under;

(3.) MR. R. C. Kodekar, learned APP, contented that the judgment and order of the Court below is against the provisions of law; the Court below has not properly considered the evidence led by the prosecution and that looking to the provisions of law itself, it is established that the prosecution has proved the ingredients of the offence against the present respondent. Hence, the impugned judgment and order passed by the Court below deserves to be quashed and set aside and the respondents-accused persons deserve to be convicted.