STATE OF GUJARAT Vs. UMESH NATHABHAI CHOVASIYA

JUDGEMENT

(1.) The present application for leave to Appeal is directed against the judgment and order dated 28.2.2013 passed by the learned 8th Addl. Sessions Judge, Rajkot, in Sessions Case No. 85/2009, whereby, the accused has been acquitted for the offence under Section 365, 366, 376 of IPC.

(2.) The brief facts of the prosecution case are that on16.1.2008, between 1.00 hours and 3.00 hours in the night, from village Kamlapur, the appellant had kidnapped or abducted the prosecutrix, aged about 17 years and 4 month, by coaxing and tempting with an intention to be secretly and wrongfully confined her and within an intention to commit illicit intercourse with her and took her at open place where he forcefully committed rape on her without her consent and wish, and therefore, the complaint was lodged against the accused persons before the Bhadala 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, Jasdan. Since the Office was triable by the Court of Sessions, it was committed to the Court of learned 8th Addl. Sessions Judge, Rajkot, which was numbered as Sessions Case No. 85/2009.

(3.) To prove the case against the accused, the prosecution has examined the following witnesses. <FRM>JUDGEMENT_155_LAWS(GJH)12_2013.htm</FRM>