STATE OF GUJARAT Vs. GASFARKHAN H PATHAN

JUDGEMENT

(1.) THOUGH served none appears on behalf of the respondent, original accused. At the request of the Court, Mr. Sanjeev Kumar, learned Advocate, appeared and assisted the Court for the disposal of this appeal on merits. This appeal, under Section 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 30. 09. 1991 passed by the learned Special Judge, Rajkot in Special Criminal Case No. 1/1988, whereby, the respondent-accused has been acquitted from the charges leveled against him.

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

(3.) IT was contended by learned APP that the 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 provisions of law, it is established that the prosecution has proved the ingredients of the offence against the respondent beyond doubt. Learned APP has taken us through the oral as well as the documentary evidence available on record.