Gujarat High Court
State Of Gujarat vs Vinubhai Nanabhai Maachhi on 14 July, 2026
NEUTRAL CITATION
R/CR.A/223/2014 JUDGMENT DATED: 14/07/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 223 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
✔
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STATE OF GUJARAT
Versus
VINUBHAI NANABHAI MAACHHI & ORS.
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Appearance:
MS JIRGA JHAVERI APP for the Appellant(s) No. 1
MR BOMI H SETHNA(5864) WITH MR CHINTAN DESAI for the
Opponent(s)/Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 14/07/2026
ORAL JUDGMENT
1. The appellant – State of Gujarat has preferred this appeal under
Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the
judgment and order dated 16.04.2012 passed by the learned 8 th (Ad-
hoc) Additional District and Additional Sessions Judge, Panchmahal @
Godhra (hereinafter be referred to as “the Trial Court”) in Sessions
Case No.119 of 2010, whereby the trial Court has acquitted the
original accused (respondents herein) for the offence punishable
under Sections 306, 498(A), 114 etc of the Indian Penal Code
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[hereafter be referred to as “the IPC“].
2. Short facts of the prosecution case are that prior to one year
from the date of incident, the marriage of Chandrikaben was
solemnized with accused No.1 at Village” Aagarvada and she was
residing along with in-laws. It is alleged that after short span of
marriage life, the accused caused physical and mental harassment to
Chandrikaben on the ground of household work and dowry and as and
when she went to her parental home, she complained about
harassment caused by the accused to her parents, but the parents
sent back her at matrimonial home by persuading her. It is further
alleged that on 15.05.2010, at about 7.30 hours at Village: Aagarvada
at the resident of accused, Chandrikaben by pouring kerosene her set
at ablaze on fire and committed suicide, due to which complaint being
C.R. No.I – 38/2010 was lodged by the complainant before Kothamba
Police Station for the aforesaid offences. The police prepared
panchnama of the scene of offence and after preparing the arrest
panchnama, the accused came to be arrested. On completion of
investigation, charge sheet was submitted into the Court of learned
J.M.F.C.
2.1 The charge against the accused came to be framed by the trial
Court vide Exhibit 4 for the aforesaid offences against the accused.
On being explained it to them, the accused have denied having
committed any offence. The accused pleaded not guilty to the charge
and pleaded for trial and hence, the case was tried by the learned
Additional Sessions Judge.
3. It appears from the records that to prove the case, the
prosecution has examined the witnesses and in addition to this, the
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prosecution has also produced the documentary evidence.
4. After closure of the evidence, the statements of the accused
under section 313 of the Criminal Procedure Code, 1973 have been
recorded wherein they denied of having committed any offence and
have stated that they are innocent.
5. After hearing both sides and considering the evidence on
records, the trial Court by impugned judgment and order has
acquitted the accused from all the charges levelled against them.
6. Being aggrieved by and dissatisfied with the aforesaid judgment
and order of acquittal the appellant – State of Gujarat has preferred
this appeal.
7. Heard Ms.Jirga Jhaveri, learned Additional Public Prosecutor for
the appellant – State of Gujarat, Mr.Bomi Sethna, learned counsel for
respondents at length.
8. Learned Additional Public Prosecutor appearing for the
appellant – State of Gujarat has submitted the same facts which are
narrated in the memo of appeal and has also submitted that the
prosecution has examined witnesses and produced documentary
evidence, despite this fact, the trial Court has not considered the
same in its true and proper perspective in passing the judgment and
order of acquittal. She, while referring to the entire oral as well as
documentary evidence, has assailed the impugned judgment and
order and submitted that the trial Court has not taken into
consideration the evidence connecting the accused to the alleged
offence in its proper perspective and even the prosecution has been
able to prove the charges levelled against the accused. While
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referring to the evidence of the witnesses and the material collected
against the accused, learned Additional Public Prosecutor has
submitted that the prosecution has established the case against the
accused by examining the witnesses, who have supported the case of
the prosecution, however, the trial Court has discarded and
disbelieved the evidence of these witnesses. She has submitted that
the witnesses have fully supported the case of the prosecution,
however, the trial Court has not appreciated the same and passed the
judgment and order of acquittal which is illegal and unjust. She has
submitted that it is settled legal position that the evidence of a single
witness is sufficient for conviction if the same is reliable and
trustworthy and in the present case, though the evidence of all the
witnesses are reliable and trustworthy, without any cogent reason,
the trial Court has disbelieved and discarded the evidence of the
witnesses.
8.1 Learned Additional Public Prosecutor has further submitted that
the impugned judgment of acquittal is contrary to the evidence on
record, based on erroneous appreciation of material evidence, and
has resulted in a miscarriage of justice and the findings recorded by
the learned Trial Court are perverse and unsustainable in law, thereby
calling for interference by this Court in the exercise of its appellate
jurisdiction. She has also submitted that the learned Trial Court has
materially erred in holding that the prosecution has failed to prove its
case beyond reasonable doubt and the findings recorded by the trial
Court were therefore perverse, illegal, and contrary to the evidence
on record.
8.2 Learned Additional Public Prosecutor has submitted that the
accused have harassed mentally and physically to the deceased and
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induced her to commit suicide and thereby accused abetted each
other in committing suicide, despite of this fact, the Trial Court has
acquitted the accused for the alleged offence. She has submitted that
the prosecution has examined P.W.5 – complainant, who has fully
supported the case of the prosecution and the complaint filed by him
and he deposed that after short span of marriage, the accused caused
physical and mental harassment to the deceased on the ground of
insufficient dowry. She has submitted that the Trial Court has
disbelieved and discarded the evidence of P.W.5, P.W.8, P.W.9,
P.W.10, P.W.12 and P.W.13 on the ground that they were the father,
villagers, mother, uncle and aunt of the deceased and not trustworthy
and reliable. She has further submitted that such incident occurred in
the house of the accused and the evidence of the father, villagers,
mother, uncle and aunt of the deceased enough to prove the guilt of
the accused, however, the Trial Court has discarded and disbelieved
the evidence of these witnesses and committed an error in acquitting
the accused. She has also submitted that the Trial Court has given
undue importance to minor omissions and contradictions while
arriving at the conclusion that the prosecution has failed to prove the
charges levelled against the accused, which resulted in miscarriage of
justice.
8.3 According to learned Additional Public Prosecutor, the trial Court
ought to have convicted the accused and ought to have imposed
necessary sentence. Learned Additional Public Prosecutor has prayed
to allow the present appeal and to quash and set aside the impugned
judgment and order of acquittal.
9. Per contra, learned counsel for the respondents has supported
the impugned judgment and order and has submitted that the trial
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Court has not committed any error of law and fact in acquitting the
accused from the charges levelled against them. He has submitted
that the ingredients of the offence alleged against the accused are
not proved beyond reasonable doubt and, therefore, the trial Court
has rightly acquitted the accused as the complainant has failed to
prove the charge levelled against the accused. He has also submitted
that there is no iota of evidence to connect the accused with the
alleged crime in question. He has submitted that the evidence led by
the prosecution suffers from material contradictions, omissions, and
inconsistencies, which create serious doubt about the veracity of the
prosecution case and the prosecution has failed to establish the
essential ingredients of the alleged offences and has not produced
reliable, trustworthy, and corroborative evidence connecting the
respondent with the commission of the alleged offence. He has
submitted that it is a settled principle of criminal jurisprudence that
the presumption of innocence in favour of an accused is further
strengthened by an order of acquittal. It is submitted that unless the
findings recorded by the trial Court are shown to be perverse, illegal,
or contrary to the evidence on record, the Appellate Court should be
slow in interfering with an order of acquittal. It is submitted that the
appellant has failed to point out any infirmity, illegality, perversity, or
misreading of evidence in the impugned judgment and order and the
findings recorded by the learned trial Court are based upon proper
appreciation of the evidence and settled legal principles. Learned
counsel for the respondents has submitted that the appeal being
meritless deserves to be dismissed and the impugned judgment and
order of acquittal deserves to be confirmed.
10. On perusal of the impugned judgment and order of acquittal
passed by the trial Court, the questions arise for determination are as
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under:-
(1) whether the trial Court has rightly justified in passing the
judgment and order of acquittal.
(2) whether the trial Court has rightly appreciated the oral as well
as documentary evidence led by the prosecution in recording
the reasons.
(3) whether there is any illegality, irregularity and perversity in
the impugned judgment and order of acquittal.
11. Considering the facts of the present case, it appears that on
15.05.2010 at about 7.30 a.m., when Chandrikaben committed
suicide by pouring kerosene on her and ignited herself due to which
she sustained 100% burn injury on her body and succumbed to the
injury on the spot. Therefore, the complainant Nanabhai has lodged
the FIR against respondent No.1 being husband, respondent No.2 and
respondent No.3 being parents of respondent No.1 and respondent
No.4 being sister of respondent No.1 have committed the offence
under Sections 498A, 306, 114 etc of the IPC and under Section 3 and
7 of the Dowry Prohibition Act and on the said aspect, the FIR came to
be lodged against the accused. On perusal of the evidence of P.W.5
Nanabhai Virabhai (Exhibit 21) is the father of the deceased, P.W.10
Moghiben Nanabhai (Exhibit 28) is the mother of the deceased,
P.W.12 Rayjibhai Virabhai (Exhibit 32) and P.W.13 Shantaben
Rayjibhai (Exhibit 33) are the uncle and aunt of the deceased, P.W.11
Dr.Mukeshgiri Shivgiri Goswami (Exhibit 29) is the doctor who
performed the postmortem and P.W.14 Mahendrasinh Natvarsinh
(Exhibit 35) and P.W.15 Aavardan Umedsinh Gadhvi (Exhibit 37) are
the police witnesses. Now, considering the facts of the case that the
complainant Nanabhai has lodged the complaint against the accused.
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Before registering the complaint, the entry under Section 174
registered by the husband of the deceased (respondent No.1) that on
15.05.2010, respondent No.1 has disclosed the fact before the
jurisdictional police that at Village: Agarwada, his wife i.e.
Chandrikaben had died on account of accidental death and, therefore,
the investigation was carried out to that effect. On the basis of the
said accidental death entry, inquest panchnama was drawn and the
statements of the witnesses have been recorded in connection with
the accidental death. Whereas, the FIR came to be registered by the
father of the deceased on the next day i.e. on 15.05.2010 wherein it
was alleged that his daughter (deceased) was married to respondent
No.1. As it was second marriage of both the husband and wife and
deceased was earlier married at Village: Hadod and that marriage was
consumed for a period of one year, ultimately the said marriage was
dissolved and she was divorced. Thereafter, after about six months,
the deceased again re-married to respondent No.1 before about one
year of the incident and after her marriage, the deceased started to
reside with the respondents at her matrimonial home. On the date of
incident, respondent No.1 left for his routine work for selling of spicy
items nearby villages on his scooter and in the midday when the
scooter was stopped on account of some mechanical fault at that time
he received a telephone call from his friend that something happened
at his home and on receipt of the said message, respondent No.1
reached to the home and shown that Chandrikaben lying on the floor
in burn conditions and she was already expired and, therefore, he
informed the jurisdictional police and same was recorded as an
accidental death. Thereafter, when the complaint was registered by
the complainant being father of the deceased has stated that she was
harassed and tortured mentally and physically by the accused on
account of household work, lack of dowry and another reason that she
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was not conceiving a child and unable to conceive the child. Looking
to the evidence of the complainant, it emerges that the tendency of
the deceased was stated by the complainant that at the first marriage
on account of her temperament she returned home as divorce had
taken place with the first husband. It is come on record during the
course of examination of P.W.5 that after returning to her parental
home, after getting divorce from the first husband, the mother of the
deceased has scolded her about some household work and on
account of that deceased consumed the Uria used for the purpose of
agriculture and due to that she was admitted in the hospital and,
thereafter, she again married to respondent No.1. After her marriage
and after about six months, the deceased conceived pregnancy and
during the course of pregnancy, the miscarriage had taken place due
to which she visited her parental home and again respondent No.1
brought back her at matrimonial home. At that time, the brother of
the deceased who was aged about 14 years accompanied the
deceased with respondent No.1 and stayed together for at least ten
days at the home of the respondents and, thereafter, he returned to
his village. During the course of wedlock, an elder sister of the
deceased, who was because of paralysis attack admitted in the
hospital where the deceased along with her husband visited and after
discharging, they went to home of sister of the deceased and all these
facts were admitted by the complainant in his evidence. There are
certain facts which are not stated in the statement or in the complaint
and the said facts stated for the first time before the trial Court and
such omission and contradiction was proved through the evidence of
the Investigating Officer.
12. Considering and scrutinizing the evidence of the complainant, it
emerges that the accused were not treated the deceased well and
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they were also demanding the dowry. From the evidence of the
complainant, it reveals that he has helped by giving advance of
Rs.25,000/- to respondent No.1, out of which respondent No.1 had
returned Rs.10,000/- to the complainant and now remaining amount
of Rs.11,000/- was to be returned by respondent No.1 to the
complainant. The fact about demand of amount is completely falsified
by the evidence of the complainant. Now, the fact with regard to
harassment mentally and physically on account of non-conceiving the
child is also washed away by the fact that she was carrying pregnancy
and during this pregnancy, the miscarriage was taken place and that
fact is come on record through the evidence of the complainant
himself and therefore the same reason is also falsified by the
evidence of this witness. Looking to the evidence of the Investigating
Officer, the facts which are come on record, are not stated by the
complainant or other witnesses at the time of recording their
statements by the jurisdictional police and now they are stated before
the trial Court for the first time. On perusal of the evidence of the
witnesses i.e. parents and uncle and aunt of the deceased, it appears
that no truthful is found from their evidence and there is major
inconsistency in the evidence found by the trial Court.
13. So far as the provisions of Sections 498A, 306 and 114 of the
IPC is concerned, the basic ingredients of the provisions read as
under:-
“498A. Husband or relative of husband of a woman
subjecting her to cruelty.–
Whoever, being the husband or the relative of the husband
of a woman, subjects such woman to cruelty shall be
punished with imprisonment for a term which may extend
to three years and shall also be liable to fine.
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Explanation.– For the purpose of this section, “cruelty”
means–
(a) any wilful conduct which is of such a nature as is
likely to drive the woman to commit suicide or to cause
grave injury or danger to life, limb or health (whether
mental or physical) of the woman; or
(b) harassment of the woman where such harassment is
with a view to coercing her or any person related to her to
meet any unlawful demand for any property or valuable
security or is on account of failure by her or any person
related to her to meet such demand.
306. Abetment of suicide.–
If any person commits suicide, whoever abets the
commission of such suicide, shall be punished with
imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
114. Abettor present when offence is committed.–
Whenever any person, who is absent would be liable to be
punished as an abettor, is present when the act or offence
for which he would be punishable in consequence of the
abetment is committed, he shall be deemed to have
committed such act or offence.”
14. The ingredients of the said provisions are satisfied in the facts
of the case. So far as the inference under Section 113(A) and (B) of
the Evidence Act are concerned, at least some evidence is required to
be produced by the prosecution to prove either ill-treatment or
harassment or demand or household work. In the present case, there
is no evidence come forth and led by the prosecution with regard to
ill-treatment or harassment meted out to the deceased. It is a case
put forward by the prosecution that before about ten days of the
incident, the deceased visited her parental home and returned back
to her matrimonial home with her younger brother Manoj, who was
the best witness to prove the charge of harassment, but the
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prosecution has neither recorded his statement nor examined him as
a witness to prove the charge of ill-treatment or harassment meted
out to the deceased.
15. It is beneficiary to referred to the decisions in the case of (1)
Ramesh Kumar Vs. State of Chhattisgarth reported in (2001) 9 SCC
618, (2) State of Gujarat Vs. Bhaveshbhai Manilalbhai Patel reported
in 2025 (2) GLR 923, (3) Ram Pyarey Vs. State of Uttar Pradesh
reported in (2025) 6 SCC 820, (4) State of Gujarat Vs. Haji Haroon
Meman reported in 2026 (0) JX (Guj) 105 and (5) State of Gujarat Vs.
Ashwinbhai Naginbhai Tandel reported in 2025 (0) JX(Guj) 357.
16. In view of the above, this Court is of the opinion that the trial
Court, while recording the reasons in para 8.1 to 8.17 onward, has
dealt with the evidence of the witnesses in detail and in para 8.18 to
20, the trial Court has assigned cogent and convincing reason that
why the trial Court has disbelieved the case of the prosecution with
regard to the harassment or ill-treatment or any cruelty meted out to
the deceased on account of either on household work or on demand
of dowry or non-conceiving the child is completely falsified from
evidence and, therefore, the trial Court has rightly disbelieved the
case against the accused. The prosecution has not given any
evidence or proof with regard to the fact that whether respondent
No.4 being sister of respondent No.1, was married or unmarried or
residing with respondents, there was no such evidence come on
record. So far as other respondents’ allegations against the parents of
respondent No.1 are concerned, there was no satisfactory evidence
brought by the prosecution with regard to ill-treatment or harassment
caused to the deceased by other respondents and under such
circumstances, the trial Court has disbelieved the charge levelled
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against the accused and acquitted them.
17. It is well settled by catena of decisions that an Appellate Court
has full power to review, re-appreciate and reconsider the evidence
upon which the order of acquittal is founded. However, Appellate
Court must bear in mind that in case of acquittal there is double
presumption in favour of the accused. Firstly, the presumption of
innocence is available to him under the fundamental principle of
criminal jurisprudence that every person shall be presumed to be
innocent unless he is proved guilty by a competent Court of law.
Secondly, the accused having secured his acquittal, the presumption
of their innocence is further reinforced, reaffirmed and strengthened
by the trial Court.
18. Further, if two reasonable conclusions are possible on the basis
of the evidence on record, the Appellate Court should not disturb the
finding of acquittal recorded by the trial Court. Further, while
exercising the powers in appeal against the order of acquittal, the
Court of appeal would not ordinarily interfere with the order of
acquittal unless the approach of the lower Court is vitiated by some
manifest illegality and the conclusion arrived at would not be arrived
at by any reasonable person and, therefore, the decision is to be
characterized as perverse. Merely because two views are possible, the
Court of appeal would not take the view which would upset the
judgment delivered by the Court below. However, the Appellate Court
has a power to review the evidence if it is of the view that the
conclusion arrived at by the Court below is perverse and the Court has
committed a manifest error of law and ignored the material evidence
on record. A duty is cast upon the Appellate Court, in such
circumstances, to re-appreciate the evidence to arrive to a just
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decision on the basis of material placed on record to find out whether
the accused are connected with the commission of the crime with
which they are charged.
19. The scope and principles are enunciated by the Hon’ble Apex
Court in case of Chandrappa and others Vs. State of Karnataka
reported in (2007) 4 SCC 415, more particularly paragraph Nos.
42 and 43, which was subsequently re-affirmed by the Hon’ble Apex
Court in the case of Rajesh Prasad Vs. State of Bihar and
another, reported in [2022] 3 SCC 471, wherein, the Hon’ble Apex
Court has enunciated the general principles in case of acquittal, more
particularly in paragraph No. 26 the general principles are set out
by the Hon’ble Apex Court based upon various decisions of the
Hon’ble Apex Court. Then in case of Babu Sahebagouda
Rudragoudar Vs. State of Karnataka, reported in AIR 2024 SC
2252 = (2024) 8 SCC 149, the Hon’ble Apex Court has dealt with
the similar issue, more particularly, in paragraph Nos. 37 to 40.
Hence, we are in complete agreement with the findings recorded by
the trial Court.
20. It is also worthwhile to refer to the recent decision of the
Hon’ble Supreme Court in the case of Ramesh vs. State of
Karnataka, reported in [2024] 9 SCC 169, wherein the Hon’ble
Supreme Court has held and observed in paras-20 and 21 as under:-
“20. At this stage, it would be relevant to refer to the
general principles culled out by this Court in Chandrappa
and others vs. State of Karnataka , regarding the power of
the appellate Court while dealing with an appeal against a
judgment of acquittal. The principles read thus:
“42. …. (1) An appellate court has full power to review,
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order of acquittal is founded.
(2) The Code of Criminal Procedure, 1973 puts no
limitation, restriction or condition on exercise of such
power and an appellate court on the evidence before it
may reach its own conclusion, both on questions of fact
and of law.
(3) Various expressions, such as, “substantial and
compelling reasons”, “good and sufficient grounds”, “very
strong circumstances”, “distorted conclusions”, “glaring
mistakes”, etc. are not intended to curtail extensive
powers of an appellate court in an appeal against acquittal.
Such phraseologies are more in the nature of “flourishes of
language” to emphasize the reluctance of an appellate
court to interfere with acquittal than to curtail the power of
the court to review the evidence and to come to its own
conclusion.
(4) An appellate court, however, must bear in mind that in
case of acquittal, there is double presumption in favour of
the accused. Firstly, the presumption of innocence is
available to him under the fundamental principle of
criminal jurisprudence that every person shall be presumed
to be innocent unless he is proved guilty by a competent
court of law. Secondly, the accused having secured his
acquittal, the presumption of his innocence is further
reinforced, reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis
of the evidence on record, the appellate court should not
disturb the finding of acquittal recorded by the trial court.
21. In Rajendra Prasad v. State of Bihar, a three-Judge
Bench of this Court pointed out that it would be essential
for the High Court, in an appeal against acquittal, to clearly
indicate firm and weighty grounds from the record for
discarding the reasons of the Trial Court in order to be able
to reach a contrary conclusion of guilt of the accused. It
was further observed that, in an appeal against acquittal, it
would not be legally sufficient for the High Court to take a
contrary view about the credibility of witnesses and it is
absolutely imperative that the High Court convincingly
finds it well-nigh impossible for the Trial Court to reject
their testimony. This was identified as the quintessence of
the jurisprudential aspect of criminal justice. Viewed in this
light, the brusque approach of the High Court in dealing
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with the appeal, resulting in the conviction of Appellant
Nos. 1 and 2, reversing the cogent and well-considered
judgment of acquittal by the Trial Court giving them the
benefit of doubt, cannot be sustained.”
21. Considering the entire evidence on record, it clearly appears
that there is no credible evidence to connect the present accused with
the alleged crime and the evidence on record is not so convincing to
prove beyond reasonable doubt that the accused has committed the
alleged crime. Therefore, the accused cannot be convicted on the
evidence on record.
22. On perusal of the impugned judgment and order, it clearly
transpires that the trial Court has not committed any error of fact and
law in appreciating the evidence on record and in acquitting the
accused from the charges levelled against them. Even on re-
appreciation of the evidence, it clearly transpires that the prosecution
has miserably failed to prove the charge levelled against the accused
beyond reasonable doubt. Therefore, the impugned judgment and
order of the trial Court is sustainable and the present appeal is liable
to be dismissed.
23. In view of the above, the present appeal is devoid of merits and
it deserves to be dismissed. Resultantly, it is dismissed. The
impugned judgment and order of acquittal passed by the trial Court is
hereby confirmed. Bail bond stands cancelled. Record and
proceedings be sent back to the concerned Trial Court forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
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