The appellate court should not interfere with the finding of acquittal unless the lower court's approach is vitiated by manifest illegality, and in acquittal appeals, the appellate court has the power to re-appreciate the entire evidence.

Kaushal Jayendra Thaker, J.

1. The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 25.2.2004 passed by the learned Addl. Sessions Judge & Fast Track Court, Ahmedabad (Rural) at Gandhinagar in Criminal Appeal No. 1/2002, whereby, the learned first Appellate Court has quashed and set aside the judgment and order of conviction and sentence dated 15.1.2002 passed in Criminal Case No. 3096/1988 by the learned Judicial Magistrate First Class, Gandhinagar, and acquitted the present respondent-ori. Accused for the offence punishable under section 471 of IPC.

2. The brief facts of the prosecution case are that the accused person serving as a unarmed Head Constable under the Deputy Police Officer, Defence Branch, Gandhinagar. The accused person has been given duty to perform at resident of Minister Shri Harising Mahida on 23.10.1985 at about 8.00 p.m. To 24.10.1985 at about 8.00 p.m. But without prior permission, he remained absent on the duty. Therefore, notice dated 20.11.1985, has been issued by the authority calling upon him but notice could not be served, thereafter, on 19.12.1985, the accused remained present before the authority with a Medical Certificate No. 885 dated 18.12.1985, issued by Gandhinagar Civil Hospital After considering the medical certificate, the statement of the accused person was recorded by the authority. At that time, the complainant Mr. Chavda had doubted the genuineness of medical certificate and therefore he examined the medical certificate and it was found to be forged. Therefore, a complainant of forgery had been lodged against the accused persons. Necessary investigation was carried out and statements of several witnesses were recorded and charge-sheet was filed against him in the Court of learned Judicial Magistrate First Gandhinagar, which was numbered as Criminal Case No. 3096/1988. The trial was initiated against the respondent-accused.

3. To prove the case against the present accused, the prosecution has examined several witnesses and also produced many documentary evidence.

4. At the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned Magistrate, has convicted and sentenced the accused, against which the accused has preferred Criminal Appeal No. 1/2002 before the first appellate court, which came to be allowed and acquitted the respondent of the charges leveled against him by judgment and order dated 25.2.2004.

5. Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the first appellate Court, the appellant State has preferred the present appeal.

6. It was contended by learned APP Mr. Oza that the judgment and order of the first appellate Court is against the provisions of law; the first appellate Court has not properly considered the evidence led by the prosecution before the trial court and looking to the provisions of law itself it is established that the prosecution has proved all the ingredients of alleged charges against the present respondent. Learned APP Mr. Oza has also taken this court through the oral as well as the entire documentary evidence and submitted that the present appeal deserves to be allowed.

7. Per contra, learned Advocate Mr. D.K. Desai has taken this Court through the entire evidence on record and submitted that the impugned judgment and order passed by the learned Magistrate is just and proper. Mr. Desai learned Advocate further submitted that in view of the evidence on record, it cannot be said that the learned first appellate Judge has committed any error in allowing the appeal and acquitting the accused, and therefore, the present appeal deserves to be dismissed.

8. The principles which would govern and regulate the hearing of an appeal by this Court, against an order of acquittal passed by the trial Court, have been very succinctly expla