STATE OF GUJARAT Vs. SUBHASH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 5/10/2021 passed by the learned 4 th Additional Sessions Judge, Gondal in Sessions Case No.40 of 2018 for the offences under Sec. 307, 364 and 366 of the Indian Penal Code, the applicant - State of Gujarat has preferred this application to grant leave to appeal as provided under sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short) inter alia challenging the judgment and order of acquittal in favour of the respondent accused.

(2.) The facts as per prosecution case are that, on 22/6/2018 in evening, when the complainant - Vibhutiben Sureshbhai Rathod was washing the clothes out side her house, the accused - Subhash @ Popat Rameshbhai Padaya, who happens to be the cousin of the complainant ('Foi no Dikro'), came there and told her that to come and marry with him and will live together. Therefore, the complainant has gone with him. The accused has taken her at the Farm of Ravjibhai at village Nagadka, where he took her near the Well and told her to marry with him. When she refused for marriage, the accused has pushed her and the complainant fell down in the Well. Since the complainant can swim, she survived and she shouted for help. After repeated attempt, some one has come for her help and thereafter, that person has called her parents and others. Her parents came immediately there and rescued the complainant. Thereafter, all the persons went to lodge a complaint at the police station. The complainant lodged the complaint with regard to the incident before the Gondal Taluka Police Station, Gondal, which was registered as I - C.R. No.92 of 2018 for the offences under Sec. 307, 364 and 366 of the Indian Penal Code.

(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, Gondal. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Gondal as provided under sec. 209 of the Code.