STATE OF GUJARAT Vs. NAGARLAL ASHARAM OZA

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 10. 4. 1992 passed by the learned Special Judge, Banaskantha at Palanpur, in Special Case No. 7 of 1986 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 Ms. Manisha Lavkumar Shah on behalf of appellant State and learned Advocate Mr. J. V. Bhairavia, on behalf of 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. She has also contended that the case of the complainant is supported by two Panchas, Exh. 18 and 19; She has also contended that the learned Judge has erred in throwing the evidence of the prosecution merely because the complainant does not remember previously on which date, at what time and at which place the accused demanded money. Learned Advocate Mr. Jain 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.