STATE OF GUJARAT Vs. NARESH ARJANBHAI MENPARA PATEL

JUDGEMENT

(1.) THE present application is for leave to prefer appeal against the judgment and order passed by the learned Sessions Judge in Sessions Case No. 88/09, whereby the accused has been acquitted for the offence under sections , , and of IPC. We have considered the record and the evidence which has been made available by the learned APP during the course of hearing. We have considered the judgement and the reasons recorded by the learned Sessions Judge. We have heard learned APP for the State.

(2.) IT appears that as per the evidence on record, in the deposition of Dr. Triptiben, p.w.1, in the cross -examination, she has stated that in the medical history, the victim has not stated that any threat was given by accused. Further, there were no injury marks on the body nor any injury marks on the private parts of the victim. The victim had gone with the accused to different places where she had enough opportunity to complain if any pressure was applied or she was compelled to leave the house. On the aspect of so called/threat for calling the brother, the victim in her cross -examination stated that she has no knowledge about any dispute between the accused and her brother. FSL report is also not supporting the case of the prosecution.