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 accus