STATE OF GUJARAT Vs. PREMIAL MOHANLAL SHAH

JUDGEMENT

(1.) THIS appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 27. 09. 1989 passed by the learned Additional City Sessions Judge, Court no. 17, Ahmedabad, in Sessions Case No. 95 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. 3. 1 The learned counsel for the respondent-accused, has submitted that the prosecution had failed to establish the guilty of the respondent beyond doubt. He has submitted that on close scrutiny of the evidence of the witnesses, it is evident that the same do not support the case of the prosecution. Hence, the Court below was completely justified in acquitting the respondent and no interference is called for from this Court in this appeal.