STATE OF GUJARAT Vs. VEDVA VAGHARI RAMESH RAMA

JUDGEMENT

(1.) THE State of Gujarat has challenged the judgment and order dated 29.7.1994 passed by learned Sessions Judge, Bhavnagar in Sessions Case No.62 of 1992 by which the respondent-accused has been acquitted from the charges levelled against him under the provisions of Sections 376 and 506(2) of Indian Penal Code.

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

(3.) WE have carefully gone through the deposition as well as documentary evidence. At the outset, we would like to observe that the prosecutrix Rajuben, though, summoned time and again, did not remain present to depose before the court about the incident which she initially alleged by way of filing an FIR. The prosecution has not even examined the police officer, who investigated the case and filed chargesheet in the Court of learned JMFC at Palitana. In view of non-examination of either prosecutrix, the investigating officer or the police officer who recorded the complaint, the FIR is not proved and is not on record of the case. In absence of the material evidence the Court has to depend upon other witnesses through which the prosecution has tried to establish its case.