MAHENDRASINH JORUBHA ZALA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an appeal purported to be filed by the victim of the crime namely Mahendrasinh Jorubha Zala (Prosecution Witness No.205) under Section 372 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C. for the sake of brevity). This appeal is challenging the judgment and order dated 21st December 2018 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai, in Sessions Case No.177 of 2013, 178 of 2013, 577 of 2013 and 312 of 2014 acquitting the accused persons of offences punishable under Sections 120B, 364, 365, 368, 341, 342, 384, 302 read with 201 of the Indian Penal Code as well as under Section 25 of the Indian Arms Act.

(2.) Mr.Anil Singh, learned Additional Solicitor General, appearing for respondent no.1 Central Bureau of Investigation (hereinafter referred to as the CBI for the sake of brevity) at the outset, has raised objection regarding maintainability of the instant appeal by contending that appellant Mahendrasinh Jorubha Zala, who is merely examined as a witness during the course of the trial, cannot be considered as the victim of the crime in question, and as such, cannot validly maintain the appeal under Section 372 of the Cr.P.C. As agreed by both the parties, the instant appeal was therefore heard on the point of maintainability of the appeal at the instance of the appellant, who claims to be the victim.

(3.) Briefly stated, facts of the prosecution case, projected from the charge-sheets filed by respondent no.1 CBI, can be summarized thus :