STATE OF GUJARAT Vs. PATEL BABU DUNGERBHAI

JUDGEMENT

(1.) The present appeal under Section 378 of the Code of Criminal Procedure is filed by the State challenging the judgement and order of acquittal passed by learned Additional Sessions Judge, Morvi, in Sessions Case No. 12 of 1987 on 13.2.1991 whereby the respondents-original accused was acquitted of the offences punishable under Sections 376, 312 and 506 of the Indian Penal Code ("IPC" for short).

(2.) The facts of the case, in a nutshell, is that complainant Kanchanben Devjibhai who was minor, filed a complaint stating that in June, 1986, she had gone to the house of Dungerbhai to fill water. At that time, nobody was in the house except the accused Babu Dungerbhai. He caught her hand, gagged her mouth and laid her on the ground by using force on her. She tried to escape from the clutches of the accused but because of the force he used, she could not escape from his hands. Thereafter, the accused committed rape on minor Kanchanben. After committing rape, he gave threat to the victim. Thereafter, the accused committed rape on the victim for three to four more times. Because of rape, Kanchanben conceived and she was taken to quarters of Dr. Parmar which is in the compound of Government Hospital and Dr. Parmar charged Rs. 1200/- for carrying out abortion. In view of these facts, the accused was charged for the offences as aforesaid. On the basis of the complaint, investigation was carried out, panchnama of the scene of offence was drawn, statement of the Doctor who carried out abortion was recorded. After investigation, chargesheet was filed. The accused pleaded not guilty and claimed to be tried. Therefore, the prosecution produced evidence. Further statement of the accused was recorded. The trial Court, after completion of trial, acquitted the accused of the charges levelled against him by the aforesaid judgement. Hence the present appeal.

(3.) To prove the case against the accused, the prosecution has examined the following witnesses: