STATE OF GUJARAT Vs. GOHIL GODHUBHA PATHUBHA

JUDGEMENT

(1.) THIS appeal under section 378 of the Criminal Prodedure Code, at the instance of the State, is against the judgement and order of acquittal dated 30.11.1992, passed by the learned Assistant Sessions Judge, Bhavnagar.

(2.) THE brief facts of the prosecution case are that the original complainant was residing at village Chavaria and doing cultivation. The victim is the wife of the original complainant. The accused Bodhuba Pathuba was also residing in the same village. It is the case of the complainant that on 05.11.1986, when the complainant enquired from his wife as to why she looked frightened, she informed him that while she was passing near "Lala Bapu na Bhatiya Kuva", at that time, the accused, respondent herein, caught her hand and pushed her into a dense and thereafter forcefully committed rape on her. Thereafter, the accused threatened her of dire consequences, if she thought of filing complaint against him. On 27.11.1986, the complainant lodged a complaint being C.R. No .I107/1986 before the Gadhda police station.

(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: