JUDGMENT :

Hemant M. Prachchhak, J.

1. The appellant – State of Gujarat has preferred the present appeal under Section 378 of Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 17.4.1996 passed by the learned Additional Sessions Judge, Bhavnagar (hereinafter be referred to as “the trial Court”) in Sessions Case No. 198 of 1995, whereby the respondent-original accused was acquitted from the charges levelled against him under Sections 376, 506(2) etc. of the Indian Penal Code and Section 135 of the Bombay Police Act.

2. It is contended by the appellant that the respondent – accused was charged and tried by the trial Court in the said Sessions Case for the offences punishable under Sections 376, 506(2) etc. of the Indian Penal Code and Section 135 of the Bombay Police Act, wherein at the end of trial, by the impugned judgment and order dated 17.4.1996, the trial Court was pleased to acquit the respondent – accused. It is the contention of the appellant that the judgment and order of acquittal is against the law and evidence on the record of the case and the trial Court has not properly appreciated the evidence available on record. It is the further contention