IMPORTANT POINT
The appellate court confirmed the acquittal, emphasizing the prosecution's failure to establish guilt beyond reasonable doubt, reinforcing the presumption of innocence.

JUDGMENT :

(Hemant M. Prachchhak, J.)

1. The present appeal is filed by the appellant – State of Gujarat under Section 378(4) of the Code of Criminal Procedure, 1973 against the impugned judgment and order of acquittal dated 17.12.2011 passed by the learned 6th Additional Sessions Judge, Nadiad (hereinafter referred to as “the Trial Court”) in Criminal Appeal No.18 of 2011, whereby, the Trial Court has acquitted the original accused respondent herein for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code and under Sections 177, 184 and 134of the Motor Vehicle Act.

2. Brief facts of the present case, in nutshell, are as under:-

2.1 On the day of incident i.e., on 20.07.2005, the respondent-accused was playing Rickshaw bearing Registration No.GJ-7-2-Z-4897 loaded with passengers in a very rash and negligent manner. At that time, the respondent-accused dashed the said rickshaw to the complainant, as a result of which, he fell down and received injuries on his mouth. Thereby, the respondent-accused has committed alleged offences.

2.2 On the basis of the said incident, the FIR being C.R. No.I – 103/2005 came to be lodged with Mahudha Police Station for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code and under Sections 177, 184 and 134 of the Motor Vehicle Act against the accused and he was arrested. The Investigating Officer has recorded statements of the witnesses and collected necessary evidence against the accused.

2.3 After completion of investigation, as the sufficient evidence was found, the police has filed the charge-sheet against the accused before the Court of learned Judicial Magistrate, First Class, Mahudha wherein it has been registered as Criminal Case No.5283 of 2005 and thereafter it was numbered as Criminal Case No.259 of 2010.

2.4 The charge against the accused came to be framed by the Trial Court vide Exhibit 4 for the aforesaid offences against the accused and explained it to him, the accused has denied having committed any offence. The accused pleaded not guilty to the charge and pleaded for trial.

2.5 To prove the case, the prosecution has examined the following witnesses.

2.6 In addition to this, the prosecution has also produced the following documentary evidence:-

2.7 After closure of the evidence, further statements of the accused under Section 313 of the Criminal Procedure Code, 1973 have been recorded. After hearing both sides and considering the evidence on records, the Trial Court convicted the accused and imposed punishment for the offence punishable under Section 279 to undergo simple imprisonment of 1 month and fine of Rs.1000/- and in default to undergo sentence of 7 days and under Section 337 to undergo simple imprisonment of 1 month and to pay fine of Rs.500/- and in default to undergo sentence of 7 days and under Section 338 to undergo simple imprisonment of 1 month and fine of Rs.1000/- and in default to undergo sentence of 7 days.

2.8 Being aggrieved and dissatisfied with the impugned judgment and order of conviction the accused has preferred Criminal Appeal before the Sessions Court whereby the Sessions Court has acquitted the accused from the charges levelled against him and quashed and set aside the impugned judgment and order passed by the Judicial Magistrate First Class.

3. Being aggrieved by and dissatisfied with the aforesaid j