- (1.) We have heard learned counsel for the rival parties.
(2.) Leave granted.
(3.) It is not a matter of dispute, that the entire consideration in setting aside the order of acquittal passed by the trial court on 18.02.1993 has been recorded in just one paragraph namely, paragraph 6.1 by the High Court, which is being extracted hereunder: "6.1. We have taken into consideration the evidence of the complainant which was supported by his father and his brothers and the independent witness i.e. employee of octroinaka, as aforesaid. Looking to the topology of Ahmedabad City, in our opinion, the incident which has been narrated by the complainant, is absolutely probable whereas, the version in the further Statement by the accused No. 1, recorded under Section 313 of the Code, is highly improbable. In that view of the matter, looking to the evidence of the complainant, the Investigating Officer and the father and the brothers of the complainant as well as the employee of the octroinaka, we believe that the prosecution has successfully proved the case beyond reasonable doubt against the present accused for the offence punishable under Section 397 of the IPC. Moreover, looking to the panchnama and the articles which have been recovered pursuant to the discovery and recovery panchnama at the instance of the accused, it clearly proves the case against the present accused. In that view of the matter, when the prosecution has successfully proved the case against the present respondents - original accused for the offence punishable under Section 397 of the IPC, we are of the considered opinion that this is a fit case where the acquittal is required to be converted into conviction for the said offence." ;