(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 19. 12. 1998 passed by the learned Joint Judicial Magistrate First Class, Ankleshwar in Criminal Case No. 962 of 1991 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 appearing for the State contended that the order of the learned Magistrate is against the provisions of law; the learned Magistrate 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.