STATE OF GUJARAT Vs. IKBALKHAN RASIDKHAN PATHAN

JUDGEMENT

(1.) THIS appeal , under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 25. 14. 1989 passed by the learned Additional Sessions Judge, City Civil Court, Ahmedabad, in Sessions Case No. 434 of 1988, whereby, the 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.