STATE OF GUJARAT Vs. VISHAL @ BHIMO RAMAJI SARGARA

JUDGEMENT

(1.) THE applicant, by way of this application under Section 378(1)(3) of the Code of Criminal Procedure, 1973, has prayed to grant leave to appeal against the judgement and order dated 7.9.2012 passed by learned Additional Sessions Judge, Anand, in Sessions Case No. 82 of 2011.

(2.) BY way of the appeal the appellant has challenged the judgement and order dated 7.9.2012 passed by learned Additional Sessions Judge in Sessions Case No. 82 of 2011 whereby the present respondent -original accused was acquitted of the charges under Sections 363, 366 and 376 of the Indian Penal Code.

(3.) BRIEF facts of the case are that on 23.12.2010 the complainant along with her family members were sleeping outside their house and her daughter was sleeping outside their house at osari. When she woke up at night around 3 Oclock, her daughter was not found on the bed. The complainant and other family members searched for her daughter. Later on, it came to her knowledge that the accused had kidnapped and abducted minor daughter of the complainant and committed rape. Therefore, the complainant lodged a complaint against the accused with Anand Town Police Station, Anand. On the basis of the complaint, investigation was carried out. After completion of investigation, charge sheet was filed against the accused before learned Judicial Magistrate First Class, Anand. However, as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.