STATE OF GUJARAT Vs. RAMESHCHANDRA M MEHTA

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 19. 08. 1987 passed by the learned Special Judge, Kutch at Bhuj, in Special Case No. 4 of 1984 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.) HEARD learned APP Mr. Kodekar on behalf of appellant - State and learned Advocate Mr. K. B. Anandjiwala on behalfof respondent - accused. It was contended by learned APP that the judgment and order of the Special Judge is against the provisions of law; the learned Special Judge 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. Learned Advocate Mr. Anandjiwala for the respondent - accused has supported the Judgment of the Court below. He has contended that the learned Judge has not committed any error in his Judgment. He has contended that sanction is mandatory and the prosecution has failed to prove that sanction was granted without application of mind. He has contended that the sanctioning Authority was not examined by the prosecution and non-examination of sanctioning Authority is fatal to the prosecution case. He has also contended that the contents of sanction was also not proved in light of the provisions of Evidence Act.