JUDGMENT :

HASMUKH D. SUTHAR, J

1. This appeal is directed under Section 378 of the Code of Criminal Procedure (hereinafter referred to as “the Code” for short) against the judgment and order of acquittal dated 31.07.1999 passed by learned Additional Sessions Judge, Ahmedabad (Rural) at Gandhinagar, in Sessions Case No.14/1999, whereby the learned Sessions Court acquitted the respondents for the offence punishable under Sections 394, 395 and 397 of the Indian Penal Code, 1860.

2. The following noteworthy facts emerge from the record of the appeal:

2.1 The complainant Gulanhusain Sheikh was serving as a driver and on 25.02.1998 at about 09:30 hours in the night, when he was returning from Kadi to Ahmedabad with his tempo bearing registration No.GJ-01-V-6519, at that time, near FCI godown, one Maruti car overtake and stopped the tempo of the complainant, from which, the accused - respondents along with one absconding accused came down from the car and dragged the complainant from the tempo. It further reveals that, the accused beaten the complainant by showing knife and revolver and asked to give money whatever he had.

Therefore, the complainant had given Rs.1,800/- and then, the accused