(1.) This appeal has been filed under Sec. 378 (3) of the Code of Criminal Procedure, 1973 by the State against judgment dtd. 16/2/2013 passed by the Judicial Magistrate First Class, Hoshangabad (M.P.) in Criminal Case No.938/2006, whereby respondent/accused person has been acquitted of the offences under Ss. 294, 323, 325, 506 II r/w Sec. 34 of IPC.
(2.) Aforesaid criminal case was instituted on the basis of private complaint filed by the victim/appellant.
(3.) The question before this Court is whether instant appeal is covered under proviso to Sec. 413 of BNSS (372 of Cr.P.C.).