STATE OF GUJARAT Vs. GUNWANTRAIBHAI PATEL

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 02. 08. 1989 passed by the learned Special Judge, Surat in Special Case No. 4 of 1988 whereby the accused was acquitted of the charges leveled against him.

(2.) THE facts of the prosecution case in brief are as under:

(3.) MRS. Manisha Lavkumar Shah, learned APP submitted that the judgement and order of the learned 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. She submitted that there is evidence of panch witness and as per the evidence of the panch witness the prosecution has proved that the respondent has taken amount of Rs. 30/- from the original complainant and thereafter the raid was carried out and currency notes of Rs. 30/- was found from the possession of the accused. Learned APP submitted that there was no reason for the learned Additional Sessions Judge to disbelieve the prosecution case and to acquit the respondent.