STATE OF GUJARAT Vs. BHARATBHAI RATABHAI BAMNIYA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned 4th (Ad hoc) Additional Sessions Judge, Modasa, whereby, the learned trial Judge acquitted the original accused Nos.1 and 2 the opponents, herein, of the charges for the offence punishable under Section 365, 376, 506(2) read with Section 114 of the Indian Penal Code.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint came to be lodged by the prosecutrix before PSO, Modasa Rural, on 25.02.2009, wherein, she stated that on 16.02.2009, she had gone to flour mill in the afternoon at about 03:00 p.m. to get the corn flour prepared and while she was sitting alone at the flour mill, both the accused came there on a motorcycle. The aforesaid motorcycle was of the ownership of accused No.1 and he was driving the same, whereas, accused No.2 was sitting as pillion rider. Then, accused No.2 came behind her and tied a handkerchief on her mouth and made her sit on the said motorcycle between them, against her will. Both the accused, then, firstly took her to a 'Garnala' near Badodara, Navo Vaas, where, accused No.1 committed rape on her followed by accused No.2. Pursuant thereto, accused No.1 remained with the proseuctirx, whereas, accused No.2 went away riding motorcycle of accused No.1 and came back at night, at about 10:00 p.m. Then, the prosecutrix was again made to ride the said motorcycle and she was taken to house of accused No.1, where, again they physically abused the prosecutrix. In the morning, accused No.1 made the prosecutrix mount on the shelf of his house and in the night at about 10:00 p.m. accused No.2 came and then again she was physically abused by them. Then, on the following day accused No.2 took the prosecutrix to her parental village and dropped her there and later on the complaint in question came to be filed by her.