LAWS(GJH)-2009-5-93

STATE OF GUJARAT Vs. ROHITBHAI M RATHOD

Decided On May 05, 2009
STATE OF GUJARAT Appellant
V/S
ROHITBHAI M RATHOD Respondents

JUDGEMENT

(1.) K. S. JHAVERI, J. This appeal, under Section 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 14. 03. 1988 passed by the learned Asst. Sessions Judge, Valsad at Navsari in Sessions Case No. 67 of 1986, whereby, the respondent, original accused, has been acquitted from the charges leveled against him.

(2.) The facts in brief of the prosecution case are as under;

(3.) Mr. R. C. Kodekar, learned APP, has submitted that the impugned 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 evidence on record, it is established that the prosecution has proved the ingredients of the offence in question beyond reasonable doubt.