KHODUBHA BAVANSINH JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this revision application under section 397 read with section 401 of the Cr.P.C. and challenged the legality of judgment and order dated 16.5.2005 passed by the Additional Sessions Judge, Mehsana in Sessions Case No.75 of 2005 acquitting the respondent accused for the offences charged against him.

(2.) ACCORDING to the prosecution case, victim girl, aged about 16 years was the daughter of first informant petitioner Khodubha Bavansinh. On 14.7.2003, the victim with other family members were sleeping in her house. In the morning, the victim was not found in the house, therefore, inquiry was made and the first informant came to know that the accused had kidnapped the victim with a view to compel her to marry him against her will and the victim also took away golden ornaments with her.

(3.) LEARNED advocate Mr. Panchal submitted that the evidence produced before the trial Court indicates involvement of the accused in the offence of taking away the victim from the lawful guardianship of first informant. It is also proved that the victim was aged about 16 years and therefore, the trial Court committed error in appreciating the evidence and acquitting the accused. Therefore, the impugned judgment is required to be set aside and this revision application is required to be allowed.