STATE OF GUJ Vs. MUKESH RAMANLAL JOSHI

JUDGEMENT

(1.) THE State of Gujarat has preferred this appeal against the judgment dated 10.06.1994, rendered by City Sessions Court, Ahmedabad in Sessions Case No.199 of 1992, acquitting the respondent of charge of rape punishable under Section 376 of the Indian Penal Code.

(2.) AS per the case of the prosecution, respondent raped the prosecutrix on 16.09.1991 at about 12.30 in block No.25/292, Baugh-e-Firdos police line, Division-2 in Hatkeshwar Society, Amraiwadi area of Ahmedabad by alluring her to go to that place, while she was playing. In this context, the FIR was lodged by the father of the prosecutrix-Ratansinh Vajesinh Jhala, on the basis of which, the investigation was made and ultimately, the charge-sheet was filed in the Court of Metropolitan Magistrate Court No.7, who in turn committed the case to the City Sessions Court and sessions case No.199 of 1992 came to be registered.

(3.) WE have also gone through the record and proceedings and we find that the prosecution has examined the prosecutrix, her father and her neighbour Maniben as witnesses, besides the doctors and the Investigating Officers.