STATE OF GUJARAT Vs. HEMANTBHAI KARSANBHAI SONGARA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 6. 1. 1995 passed by the learned Special Judge, Jamnagar, in Special Case Nos. 1 and 2 of 1987 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.) HEARD learned APP Mr. R. C. Kodekar on behalf of appellant State and learned Advocate Mr. H. N. Joshi, on behalf of respondent accused. It was contended by learned APP that the judgment and order of the Special Judge is against the provisions of law; the learned Special Judge 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. He also contended that the complainant, Panch witness and the Investigating Officer have clearly deposed before the Court that currency note worth Rs. 100/-, handed over to the accused, was smeared with anthracene powder and on making signal the trap was made and the same note was recovered from the possession of the accused and making experiment in ultraviolet lamp also it was proved that it was the same note. The finger tips and thumb were also examined under ultraviolet lamp and presence of anthracene powder was also found on the finger tips and thumb of the complainant as well as of the accused. 3. 1 Learned Advocate Mr. Joshi for the respondent accused has supported the Judgment of the Court below. He has contended that the learned Judge has not committed any error in his Judgment.