STATE OF GUJARAT Vs. LAKHA GONDA VEGDA

JUDGEMENT

(1.) THE present application for leave to Appeal is directed against the judgment and order dated 14.3.2013 passed by the learned 5th Addl. Sessions Judge, Jam -Khambhaliya, Dist. Jamnagar, in Sessions Case No. 97/2009, whereby, the accused have been acquitted for the offence under Section 363, 366, 376 and 114 of IPC.

(2.) THE brief facts of the prosecution case are that on 22.1.2009, accused no. 1 and 2 with the help of each other, induced and enticed away minor daughter of complainant with clear intention to have sexual intercourse with her by giving false promise of marriage. It is further the case of the prosecution that accused no. 1 with clear intention to have sexual intercourse with her, abducted her from her lawful possession, taken her at different places and committed rape on her against her will. It is further the case of the prosecution that the accused no. 2 by providing residential accommodation to accused no. 1 had abated the offence under section 363, 366, 376 and 114 of IPC and, therefore, the complaint was lodged against the accused persons before the Okha Police Station. On the basis of the complaint, investigation was carried out. After completion of investigation, charge -sheet was filed before the Court of learned Judicial Magistrate, Dwarka. Since the office was triable by the Court of Sessions, it was committed to the Court of learned 5th Addl. Sessions Judge, Jam -Khambhaliya, which was numbered as Sessions Case No. 97/2009.

(3.) THE prosecution has also relied on the following documentary evidences. <FRM>JUDGEMENT_483_GHJ35_20141.htm</FRM>