STATE OF GUJARAT Vs. MOHAMMAD RAFIKBHAI ALLARAKHA VAGHER

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order of acquittal dated 26.5.2005 passed by the learned Additional Sessions Judge, Fast Track Court No.6, Jamnagar, in Criminal Appeal No. 8 of 2005, the State has preferred this appeal under .

(2.) The brief facts of the case are that the complainant filed a complaint stating that when he along with his wife was going towards Ranuja in a Maruti Car, at that time, near Village-Khiri, three persons came on a Hero Honda motor cycle and stopped it in front of the car and asked the complainant and his wife to leave the car and they were also robbed of Rs.1,000.00. Thereafter, the accused ran away in Maruti Car from the scene of offence. With these facts, a complaint was lodged with Jodiya Police Station for the offence under Sec. 392 read with Sec. 114 of the Indian Penal Code (hereinafter referred to as "IPC"), which was registered as C.R.No. 73/2001.

(3.) It appears from the record that initially two accused were arrested and criminal case being Criminal Case No.247 of 2001 was conducted against them. Pending trial, present appellant-accused was arrested and after completion of necessary investigation, supplementary charge sheet came to be filed before the Court of learned Judicial Magistrate, First Class, Jodiya at Jodiya, District-Jamnagar, which was registered as Criminal Case No.308 of 2002.