JUDGMENT

1. By this appeal, the State of Maharashtra seeks to challenge the Judgment delivered by the learned Judicial Magistrate F.C.Sakri on 25/08/2003 in Reg.Cri.Case No.113/2002. The offence alleged to have been committed by the two accused, was punishable u/s 420, 467, 471 and 511 r/w Section 34 of the IPC. Both the respondents/ accused have been acquitted by the impugned judgment.

2. This appeal was preferred by the State of Maharashtra on 04/02/2004 u/s 378(1) of the Cr.P.C., as the provision then was. By Act 25 of 2005, an amendment was introduced to Section 378 w.e.f. 23/06/2006, vide which an order of acquittal passed by the learned Magistrate in respect of a cognizable and non bailable offence was made appealable to the Court of Sessions.

3. Prior to the amendment, Section 378(1) read as under :-

"378(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court or an order of acquittal passed by the Court of Session in revision."

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