( 1 ) ). This is a Criminal Revision Application filed under Section 401 of the Criminal Procedure Code, 1973, (for short, "cr. P. C. ") filed by original complainant Bhikhiben Ratilal Joshi (victim) in Criminal Case No. 1641 of 1984, challenging the legality, correctness and propriety of the order dated 18. 2. 1988 passed by the learned Joint District Judge and Additional Sessions Judge, Banaskantha at Palanpur, (for short, "the learned Appellate Judge") by rendering his Judgment Exh. 7 dated 18. 02. 1988 in Criminal Appeal No. 30 of 1985 by which he was pleased to reverse the judgment Exh. 30 of conviction and sentence dated 20. 07. 1985 rendered by the learned Judicial Magistrate First Class, Deesa, (who will be referred to hereinafter as "the learned Magistrate") in Criminal Case No. 1641 of 1984, which was pending on his file. The revision-petitioner was the complainant while the revision opponent no. 1-Kantilal Punjabhai Parmar was accused in Criminal Case No. 1641 of 1984 and therefore parties will be referred to hereinafter as the complainant and accused for the sake of convenience.

( 2 ) ). THE facts leading to this Criminal Revision Application in a nutshel