STATE OF GUJARAT Vs. NATTEKHAN HAYATKHAN PATHAN

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 25. 4. 1991 passed by the learned Additional Sessions Judge, Kheda at Nadiad, in Sessions Case No. 130 of 1988, whereby the respondents - accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under:

(3.) HEARD learned APP Mr. Kodekar on behalf of appellant - State and Mr. Sheth on behalf of the respondents. We have also gone through the papers produced before us. It was contended by learned APP that the judgment and order of the learned trial Judge is against the provisions of law; the learned Judge has not properly appreciated oral as well as documentary evidence available on the record of the case in its true and proper perspective. He has contended that the witnesses have fully supported the case of the prosecution. He also contended that generally the woman does not involve the accused in a serious crime of rape. He also contended that the learned Judge has erred in holding that the accused No. 1 at the time of the offence was elsewhere on his duty. He, therefore, contended that the Judgment of learned Judge is erroneous and bad in eye of law.