STATE OF GUJARAT Vs. HASMUKH RAMNIKLAL @ LALLA.

JUDGEMENT

(1.) STATE of Gujarat is the appellant before us by way of the present appeal preferred under Section 378 of the Code of Criminal Procedure, 1973 ( the Code , for short) against the order and judgment of acquittal dated 28.9.1995 passed by the learned Assistant Judge, Jamnagar in Sessions Case No.28 of 1995. Vide his judgment and order the learned trial court acquitted the accused of the charge of offences punishable under Sections 376 and 506(2) of the Indian Penal Code ( the IPC , for short).

(2.) THE prosecution case as revealed in the police papers and before the trial court is like this:

(3.) WHILE supporting the findings of the learned trial Judge leading to acquittal of accused, learned advocate Mr Umesh Trivedi for Mr B.D. Karia for the respondent-accused urged that deposition of victim- Sujata does not inspire any confidence as to the occurrence of the incident alleged to have happened during the intervening night of 21st and 22nd December 1994 as victim Sujata failed to disclose the incident of rape in her subsequent complaint, Exhibit 20 lodged on 24.12.94 for the offence under Section 354 of IPC. According to him, there are lot of improvements in the deposition of prosecution witnesses and there are lot of infirmities in the evidence which have been dealt with by the learned trial Judge in his judgment and since no infirmities have been pointed out by the learned APP in this regard so as to reverse the findings recorded by the trial Judge, the appeal filed by the State deserves to be dismissed.