STATE OF GUJARAT Vs. GANESH BHAGVANDAS SEDANE VALAND

JUDGEMENT

(1.) THE appeal arises out of judgment and order rendered by Sessions Court, Vadodara on 01.05.1993 in Criminal Appeal No.1083 of 1993. The respondent was acquitted of charges punishable under Sections 363, 366 and 376 read with 114 of the Indian Penal Code and Sections 3 (11)(7) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Hence, this appeal.

(2.) THE prosecution case, in brief, was that the respondent kidnapped minor Hasumati, daughter of first informant - Sendhabhai Shivabhai Makwana, between 10 to 10-30 am on 10.03.1992 and thereafter, committed rape on her.

(3.) THE version of the prosecutrix about kidnapping is sought to be submitted by prosecution by examining brother of the prosecutrix viz., Rohit at Exh.16. In cross-examination, he admits that he did not lodge any complaint or FIR or did not inform anyone about the incident for six to seven days. His father – first informant is police employee.