STATE OF GUJARAT Vs. PRANLAL ZAVERDAS DOSHI

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 30.04.1993 passed by the learned Special Judge, Court No. 2, City Sessions Court, Ahmedabad, in Special Case No. 32 of 1990, 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 Mr. Kodekar on behalf of appellant - State. He has also taken us through the papers of R and P. It was contended by learned APP that the judgment and order of the learned trial Judge is against the provisions of law; the learned 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 ingredients of the commission of offence by leading evidence against the present respondent - accused. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. Learned APP has contended that the learned Judge ought to have considered the fact that the complainant had no enmity or grudge against the accused and he was so harassed by the accused that he had no option but to file complaint against the accused with A.C.B.; and that the learned Judge ought to have considered the fact that the Panch, who is an independent witness has fully supported the case of the prosecution. He also contended that looking to the seriousness and gravity of offence the learned Judge should not have adopted casual, callous and routine approach. He, therefore, submitted that the Judgment of learned Judge is erroneous and bad in eye of law.