STATE OF GUJARAT Vs. BABUBHAI BHOLABHAI HANDA

JUDGEMENT

(1.) THE present appeal, under section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 29. 06. 2004 passed by the learned Additional Sessions Judge, Rajkot, in Sessions (Atrocity) Case No. 20 of 2003 whereby the respondent - accused has been acquitted of the charges leveled against him.

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

(3.) HEARD learned APP Mr. Kodekar on behalf of appellant - State. 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 complainant and other witnesses have fully supported the case of the prosecution. He, therefore, contended that the Judgment of learned Judge is erroneous and bad in eye of law.