STATE OF GUJARAT Vs. CHANDUBHAI RANCHHODBHAI GAJERA

JUDGEMENT

(1.) THE present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 13.03.2003 passed by the learned Judicial Magistrate, First Class, Junagadh, in Criminal Case No. 3579 of 1997, whereby the respondent - accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are that on 4.6.1997 in the morning when the complainant was alone in her house the accused (respondent herein) came and made some illegal demand which was refused by the complainant. Thereafter, as the husband of the complainant was out of station from the previous day the complainant was alone at her house, at about 11.00 hours the accused came and took the complainant in his arm and demanded for sexual intercourse. However, the complainant escaped from the grip of accused. It is alleged that at that time the husband of the complainant came and intervened. The accused started beating the husband of the complainant and thereafter, after giving threats, he went away. Thereafter, the complaint for the offences under Sections 354, 448, 323 of I.P.C. Code has been lodged against the accused - respondent with Mendarda Police Station.

(3.) THEREAFTER , necessary investigation was carried out and statements of witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him before the court and thereafter the trial was initiated against the respondent.