LAKHARA TINA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 12/1/2022 passed by the learned Additional Sessions Judge, Court No.26, City Civil Court, Ahmedabad in Sessions Case No.553 of 2017, whereby the respondent accused came to be acquitted for the offences punishable u/s 376 of the IPC , the appellant - original complainant has preferred present criminal appeal u/s 372 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated that the appellant - original complainant got divorce from her first husband in January, 2016 and thereafter, her marriage was solemnized with prosecution witness No.2, namely. That prior to five years, the aunt and uncle came to the house of the appellant to see the grandfather and when all were sleeping in night, the respondent accused physically assaulted the appellant. On the next day, the appellant, her aunt and others along with the accused went to sleep, at that time also, the respondent accused had forcefully established physical relationship with the appellant. During the stay of the respondent accused, he had again and again forcefully established physical relationship. That on account of fear and threat, the appellant did not inform anyone. When the appellant went to Mumbai, again the respondent accused used to establish forceful physical relationship. Thereafter, the complainant lodged the complaint with regard to the incident before Shaher Kotda Police Station, which was registered as I - C.R. No.134 of 2016 for the aforesaid offences.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant documentary evidence in form of medical evidence 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 against the respondent accused. Since the trial was exclusively triable by the Court of Sessions, vide committal order dtd. 10/4/2017, the case was committed to the Court of Sessions.