JIGNABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 24/09/2021 passed by the learned Addl. Sessions Judge, Tharad at Banaskantha in Sessions Case No. 7 of 2019 for the offences under Sec. 366, 376 and 506(2) of IPC, the applicant-original complainant has preferred the captioned appeal under Sec. 372 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Briefly stated; the case of the prosecution is that respondent No. 2-accused started talking with the complainant on 03/07/2018 at about 18:00 hours and thereafter respondent No. 2 gave SIM card to complainant and started bad talks with the complainant and when complainant asked not to talk such things, respondent No. 2 asked complainant to return back the SIM card and called her from Pavdasanthi to Dhanera and from there, complainant was called to Deesa. It is the case of prosecution that respondent No. 2 threatened the complainant that if she does not come with him, the accused would kill her mother and thus took the complainant from Deesa to Ahmedabad and from there, the complainant was taken to Virpur and then Somnath and then Mata no Madh and thereafter the complainant was taken to Naransarovar and thereby accused committed sexual intercourse with complainant against her will and wish. Thus the complainant lodged the complaint with regard to the incident before Tharad Police Station, which was registered as I-C.R. No. 101 of 2018 for the aforesaid offence.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of medical evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the respondent accused, charge-sheet came to be filed in the Court of learned JMFC, Tharad. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Banaskantha at Tharad as provided under sec. 209 of the Code.