STATE OF GUJARAT Vs. RASIKBHAI JOITARAM KACHHIYA

JUDGEMENT

(1.) THIS appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 30. 05. 1998 passed by the learned Judicial Magistrate, First Class, Anand in Criminal Case No. 1820 of 1995 whereby, the respondent-accused has been acquitted from the charges leveled against him.

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

(3.) IT was contended by learned APP 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. Learned APP has also taken this Court through the oral as well as the documentary evidence available on record.