STATE OF GUJARAT Vs. SAHISTKHAN ALIAS SHAILO

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 31. 01. 1998 passed by the learned Metropolitan Magistrate, Court No. 5. , Ahmedabad in Criminal Case No. 1867 of 1996 whereby the original accused-respondent, herein, has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by Mrs. Manisha Lavkumar Shah, learned APP that the judgment and order of the trial Court is against the provisions of law. The trial 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. She further submitted that complainant has clearly stated in her oral evidence that the accused committed robbery and theft of her ornament. She has properly identified the accused during the court of identification parade as well as before the Court. Learned APP has also taken this court through the oral as well as the entire documentary evidence.