ORAL JUDGMENT

1. The appellant State of Gujarat has filed this appeal under Section 378(1) read with Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred as “the Code”), being aggrieved and dissatisfied with the acquittal order dated 31.03.2009 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Anand (hereinafter referred as “the learned Trial Court”) in Sessions Case No. 63 of 2008.

2. Heard learned APP Ms. Jirga Jhaveri for the appellant State and learned Advocate Mr. Harshad Patel for the respondent- accused.

Order under Challenge:

3. Learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Anand passed an order dated 31.03.2009, acquitting the respondent – Original accused Nos. 1 to 3 under Section 235(1) of the Code for the offences punishable under Sections 325, 323, 504, 114 of the Indian Penal Code and under Sections 135 of the Bombay Police Act.

Arguments of the Prosecution:

4.1 Learned APP has argued that order of acquittal passed by the learned Trial Court is contrary to law and evidence on record. That the learned Trial Court ought to have to see that the prosecution has proved the case beyond rea