STATE OF GUJARAT Vs. PATEL MANEKLAL KESHAVLAL

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 1. 10. 1992 passed by the learned Special Judge, Mehsana, in Special Case No. 5 of 1989 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 Mrs. Manisha Lavkumar Shah on behalf of appellant State and learned Advocate Mr. Joshi, appointed by this Court as an amicus curiae, 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 though the complainant and the panch witness have turned hostile, the prosecution has proved its case beyond reasonable doubt. The learned Judge ought to have seen that anthracene powder was found on the hands of the accused as well as on the pocket of the accused, on the fingers and thumb of right hand of the complainant and finger tips of the thumb of both the hands of the accused and on the left pocket of the shirt of the complainant and on the pocket of the bush-shirt of the accused. 3. 1 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.