JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. Heard learned Additional Public Prosecutor Ms. Jirga Jhaveri for the appellant-State.

2. The State has filed this acquittal appeal challenging the judgment and order dated 16.03.2012 passed by the learned 6th Additional Sessions Judge, Camp at Botad in Criminal Appeal No. 53 of 2003, whereby the appeal of the respondent-accused came to be allowed and the judgment and order dated 24.10.2003 passed by the Judicial Magistrate, First Class, Botad passed in Criminal Case No. 175 of 1997 convicted and sentenced the accused for the offences punishable under Section 142 of the Bombay Police Act, is quashed and set aside.

3. The brief facts of the case are that by the order of the Deputy Collector, Palitana dated 30.09.1996 the accused-respondent was ordered to remain outside State of Gujarat, even though on 21.01.1997 at about 00:45 hours, the accused was seen and found at Turkha Village and therefore he came to be arrested. The arrest Panchnama in the presence of Panch Witness was drawn and offence punishable under Section 142 of the Bombay Police Act came to be registered. The case was investigated and charge sheet was filed in the Court of learned Magis