A.B. Chaudhari, J.

1. Being aggrieved by judgment and order dated 26.07.2002 passed by 4th Judicial Magistrate First Class, Akola in Regular Criminal Case No.812/2001, recording an order of acquittal of respondent-Ajay of offences punishable under Section 353 and 332 of the Indian penal Code, the instant appeal against acquittal was filed by the State of Maharashtra.

Facts:

2. On 22.12.2000 at about 06.15 p.m. at Central Jail, Akola, respondent-accused assaulted the Jailer and other staff of jail while they were discharging their official duties and were conducting search operation of the prisoners. FIR was lodged by Jailor PW3-Swati Sathe on the same day with City Kotwali Police Station, Akola, and Crime No.252/2000 was registered against the respondent-accused. The police completed investigation and filed charge-sheet on 29.07.2001. The respondent was charged for offences punishable under Sections 353 and 332 of the IPC and since he denied the charge, the trial was held. The trial Judge acquitted the respondent-accused. Hence this appeal.

Submissions:

3. In support of the appeal, learned A.P.P. for the appellant-State, vehemently argued that there is voluminous evidence on r