STATE OF GUJARAT Vs. SIKANDAR HASAM LANGHA

JUDGEMENT

(1.) STATE has filed Criminal Misc. Application No.11747 of 2011 for leave to appeal. The main Criminal Appeal No.1014 of 2011 is directed against the judgment and order dated 10.05.2011 by 3rd Additional Sessions Judge, Gandhidham-Kachchh in Sessions Case No.57 of 2007 whereby the trial Court has acquitted the respondent-accused of offences under section 363, 366 and 376 of the Indian Penal Code, 1860.

(2.) LEARNED Additional Public Prosecutor made available copies of the evidence on record of the trial Court. Therefore, we have proceeded to consider the appeal at this stage itself. For that purpose, we have heard learned APP in extenso who took us through the entire evidence.

(3.) IN view of analysis of relevant evidence on record of the trial Court, the only possible conclusion is that the victim who was major in age was a consenting party. She even extended co-operation by her own acts and conduct in various acts of respondent. Both travelled by public transport from place to place together and stayed alone for almost one month before the police caught them in view of complaint filed by victims uncle. The victim has admitted in her deposition that she never complained to anybody while she was being taken by respondent from Rapar and to other places. The conduct of victim at every stage and in company with respondent was found to be out of her own volition, as invariably emerges from total reading of evidence. It is also germane to notice from the statement of respondent recorded under section 313 of Code of Criminal Procedure, 1973 that according to him, the victim had been insisting to marry him and had threatened him with suicide.