STATE OF GUJARAT Vs. RAMANBHAI SUKHABHAI HALPATI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 25. 07. 1990 passed by the learned Additional Sessions Judge, Valsad Camp at Valsad in Sessions Case No. 9 of 1989 whereby the accused was acquitted of the charges leveled against him.

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

(3.) MRS. Manisha Lavkumar Shah, learned APP contended that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence. She submitted that complainant has fully supported the case of the prosecution as narrated by her in the complaint. Prosecution Witness Chhanubhai Somabhai at Exh. 9 also gets corroboration with the complainant. The accused is the husband of the complainant and therefore, there is no reason to falsely involve the accused in the incident. Learned APP further submitted that there was no reason for the Sessions Judge to disbelieve the prosecution case and to acquit the respondent.