LAWS(GJH)-2012-7-70

STATE OF GUJARAT Vs. JUMMA HUSAIN SINDHI

Decided On July 09, 2012
STATE OF GUJARAT Appellant
V/S
JUMMA HUSAIN SINDHI Respondents

JUDGEMENT

(1.) STATE of Gujarat, by way of this Appeal, has challenged the judgment and order dated 24.12.1993, passed by learned Additional Sessions Judge, Jamnagar, in Sessions Case No.21 of 1992, by which the respondent�accused was acquitted from the charges levelled against him under Section 376 and 506(2) of the Indian Penal Code.

(2.) THE brief facts of the prosecution case as under:

(3.) ON the other hand, Mr. Buddhbhatti, learned Advocate for the respondent has supported the reasons assigned by the Trial Court while acquitting the accused. He submitted that in absence of any support evidence like medical evidence, FSL report etc., the Trial Court was right in acquitting the accused. He further submitted that the prosecutrix is a married woman who was examined on the next day by the Doctor who found no injury on her person. The conduct of prosecutrix in visiting several police stations and giving typed application about the incident creates doubts about her intention and therefor reasons recorded by the Trial Court for acquitting the accused do not call for any interference.