STATE OF GUJARAT Vs. AIYUBSHA MOHMEDSHA DIWAN

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 23. 12. 1998 passed by the learned Additional Sessions Judge, Vadodara in Atrocity Case No. 120 of 1997, whereby the accused has been acquitted from the charges leveled against him. The original complainant has also filed above Criminal Revision Application No. 257 of 1999, through learned Advocate Ms. Shilpa Shah, challenging the aforesaid Judgment and order.

(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 Sessions Court is against the provisions of law; the Sessions Court 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. Ms. Shilpa Shah, learned Counsel appearing for the original complainant in above Revision Application also supported the submissions advanced by the learned APP.