(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. RULE.
The present application under Section 378(1)(3) of the Code of Criminal Procedure has been preferred by the applicant-State of Gujarat for leave to appeal against the impugned judgment and order of acquittal dated 10/05/2012 passed by the learned Sessions Judge, Navsari in Sessions Case No. 3/2011.
2. Having heard Ms. C.M. Shah, learned APP appearing on behalf of the applicant-State and considering the impugned judgment and order and the deposition of the victim, leave to appeal as prayed for is granted qua original accused no. 1 only, as we do not see any case against other accused-original accused nos. 2 to 4.
3. With this, the present application is allowed. Rule is made absolute accordingly.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2