STATE OF GUJARAT Vs. THAKARDA BALDEVJI

JUDGEMENT

(1.) THIS appeal under section 378 of the Criminal Procedure Code, at the instance of the State, is against the judgement and order of acquittal dated 29.07.1994, passed by the learned Additional Sessions Judge, Mehsana.

(2.) THE brief facts of the prosecution case are that the complainant Puriben Thakore was residing with her brother Nathaji and his two daughters Vinu and Savita at village Jagudan. The complainant earns her livelihood by keeping animals and selling their milk and doing labour work. On 11.03.1991, at about 7:30 p.m., the complainant asked her niece Savita Nathaji to go to Jagudan Dairy in order to sell the milk. The complainant went out to see her, as it was a dark night. At that time, she heard some shouts on Jagudan to Sanganpur Road. When she went to see what was happening there, she saw one Baldevji Gandaji holding knife in his hand and giving abuses to her niece Savitaben and threatening her of dire consequences. When the complainant intervened, said Baldevji Gandaji assailed her and gave knife blow on her right hand and pushed her niece and she also got injuries on her body. Therefore, the complainant shouted for help and the accused went to the village. The complainant has firstly filed a complaint against the accused on 12.03.1991 and thereafter, second complaint was filed against the accused on 12.03.1991, alleging committal of rape on her niece Savita.

(3.) AT the outset it is required to be noted that the principles which would govern and regulate the hearing of appeal by this Court, against an order of acquittal passed by the trial Court, have been very succinctly explained by the Apex Court in a catena of decisions. In the case of M.S. Narayana Menon @ Mani Vs. State of Kerala & Anr, reported in (2006) 6 S.C.C. 39, the Apex Court has narrated about the powers of the High Court in appeal against the order of acquittal. In para 54 of the decision, the Apex Court has observed as under: