STATE OF GUJARAT Vs. SOMABHAI D PARMAR

JUDGEMENT

(1.) The appellant State, by way of the present appeal under Section 378 of the Code of Criminal Procedure, has challenged the judgement and order of acquittal dated 28.2.1994 passed by learned Second Additional Assistant Sessions Judge, Kheda, Nadiad, in Sessions Case No. 271 of 1993 whereby the respondent-original accused was acquitted of the offence punishable under Sections 376, 342 and 506(2) of the Indian Penal Code.

(2.) The fact of the case, in brief, is that on 11.9.1993 the original accused has committed rape on the victim and committed offence punishable under Section 376 of the Indian Penal Code. A complaint in that regard was filed with Mahelav Police Station. On the basis of the complaint, investigation was carried out. Statements of the witnesses were recorded. The accused was arrested. After investigation, chargesheet was filed for the offence under Sections 376, 342 and 506(2) of the Indian Penal Code in the Court of learned Judicial Magistrate, First Class, Petlad. As the case was triable by the Court of Sessions, it was committed to the Sessions Court.

(3.) To prove the case against the accused, the prosecution has examined the complainant and victim at Exh. 6, Dr. I.N. Rajwadi at Exh. 8, witness Punambhai Desaibhai Padhiyar at Exh. 12, witness Harmanbhai Lallubhai Parmar at Exh. 13, witness Nandaben Punambhai Padhiyar at Exh. 16, Dr. D.R. Khadayat at Exh. 17 and Investigation Officer P.M. Chauhan at Exh. 20.