SHITALBEN Vs. VASUDEV NATWARBHAI PATEL

JUDGEMENT

(1.) THE present Criminal Revision Application is filed under Section 397 read with Section 401 of Code of Criminal Procedure, for quashing and setting aside the judgment and order of acquittal passed in Sessions Case No.76 of 2004 dated 2.8.2005 by the learned Addl. Sessions Judge, Fast Track Court No.3, Gandhinagar.

(2.) BRIEF facts leading filing of this application are that on the day of incident i.e. on 22.6.2002, the complainant received telephone call from the respondent No.1 - accused No.1 asking her to accompany him for getting married. Therefore, the accused took the complainant in one Qualis Car forcibly at different places where the respondent No.1 accused No.1 committed rape upon her against her will and wish. Thereafter, respondent No.1 accused No.1 also forcibly married with the complainant and got it registered and thereafter, the complainant was illegally confined by the accused persons and thereby the accused have committed alleged offences. 2.1 Accordingly, the complaint came to be registered with the concerned police station and investigation was carried out. Upon conclusion, the charge-sheet came to be filed. Thereafter, the case was committed to the court of sessions where it was registered as Sessions Case No.76 of 2000. 2.2 At the end of trial, learned Judge by impugned judgment and order acquitted the the accused persons with which they were charged. Against which, the present Criminal Revision Application has been filed.

(3.) I have perused the application along with papers including the judgment and order of the learned Judge and evidence of the prosecutrix and witnesses. However, from the perusal of the panchnama and medical evidence produced on record, I am in complete agreement with the reasoning assigned by the learned Judge. Under the circumstances, I do not find any substance in the present revision application. The revision application is accordingly dismissed. Rule is discharged.