STATE OF GUJARAT Vs. PRALAD MOHAN MAJIRANA

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 dated 4.7.1992 passed by learned Additional Sessions Judge, Himatnagar, in Sessions Case No. 23 of 1992 whereby the respondent-original accused was acquitted of the offences punishable under Sections 363, 366, 376 of the Indian Penal Code ("IPC" for short).

(2.) THE facts of the case, in brief, are that the complainant has lodged a complaint at Himmatnagar Town Police Station stating that on 25.2.1990 her daughter was abducted by accused Prahlad Mohan by giving allurement and inducement with an intention of committing adultery with her. After registering the said offence, police investigated the case. During the course of investigation, panchnama of the place of offence was drawn. Statements of the daughter of the complainant, witnesses and the complainant were recorded. After completion of investigation, chargesheet was filed in the Court of learned Judicial Magistrate First Class, Himmatnagar for the offences as aforesaid. As the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) LEARNED APP, Ms. Shah, has contended that the trial Court has committed error in acquitting the accused of the charges levelled against him. She further contended that the trial Court has not believed the School Leaving Certificate showing that the victim was below 16 years old at the time of committing offence. She has further contended that taking into consideration the age of the victim at the time of offence, the trial Court ought to have convicted the accused. In that view of the matter, the order of the trial Court acquitting the accused of the charges levelled against him is required to be set aside.