STATE OF GUJARAT Vs. THAKOR RAMANJI CHUNAJI

JUDGEMENT

(1.) THIS appeal under section 378 of the Criminal Procedure Code, at the instance of the State, is against the judgment and order of acquittal dated 21.06.1997 passed by the learned Additional Sessions Judge, Mahesana in Sessions Case No.98/1996.

(2.) THE facts in brief as emerging from the record are that on 05.08.1995, at around 1100 hrs., while the original complainant / prosecutrix was returning home with some fodder for the livestock, it is alleged that the respondent, original accused, apprehended her and committed the offence of rape on her. Thereafter, the prosecutrix was warned of dire consequences if she disclosed the event to anybody else. An FIR was lodged against the respondent bearing C.R. No.I220/1995 with Vijapur Police Station. After investigation, chargesheet was filed against the respondent before the Magisterial Court. As it was a sessions triable case, the learned Magistrate committed the same to the Sessions Court, Mahesana and it was numbered as Sessions Case No.98 of 1996.

(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, [(2006) 6 S.C.C. 39], the Apex Court has discussed the powers of the High Court in Appeal filed against the order of acquittal. In para 54 of the decision, the Apex Court observed as under: