DHARMISHTHABEN K PATEL Vs. HASMUKH GOVINDBHAI PATEL

JUDGEMENT

(1.) THIS revision application is filed against the judgment and order dated 12.10.2004 passed in Sessions Case No.96 of 1997 by the Additional Sessions Judge, F.T.C. Court No.4, Bhavnagar, whereby the learned Sessions Judge acquitted the accused for the offences punishable under Sections 376 and 506(2) of Indian Penal Code.

(2.) THE facts leading to this revision application are such that the complainant and accused are sister-in-law and brother-in-law. THE complainant, along with her husband and children is residing at Bhavnagar in one portion of the property of her father-in-law. That on 23.1.1997, the complainant's husband namely Kanti Govind went to his work at 7.30 hours in the morning and on the same day, at about 12.00 hours, her son went for tuition, at that time, the other son of the complainant went to her mother's place and accordingly at about 12.00 hours in the afternoon, the complainant was alone at her house. As per the case of the prosecution, when the complainant was alone at the aforementioned time and place, the accused herein came inside the room where the complainant was there and closed the door from inside and committed rape on the complainant and went away from the room. According to the complainant, she complained about the said incident to her husband and her mother-in-law but they did not pay any heed to her say. It is also the say of the complainant that the accused again came at 4.00 p.m., closed the door from inside and removed his clothes with an intention to again commit rape on the complainant. At that time, the complainant asked him to wait for some time, locked the door from outside and went to her mother-in-law to inform her about the said incident but she did not pay any heed to her say. THErefore, the complainant went to her parents place and informed her mother about the incident and then she went with her husband to Bhavnagar City `A' Division Police Station on 24.1.1997 at 17.45 hours to register complaint against the accused. It is also stated by her in the complaint that the accused threatened to kill her if she informed about this incident to anyone.

(3.) HEARD learned advocates for the parties and perused the judgment and order passed by the trial Court.