STATE OF GUJARAT Vs. KESHABHAI PUNJABHAI RATHOD

JUDGEMENT

(1.) THE appellant State has preferred this appeal under Section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 23.12.1993 passed by learned Additional Sessions Judge, Sabarkantha at Himatnagar in Sessions Case No. 32 of 1993 whereby the respondents- original accused were acquitted of the charges under Sections 323, 342, 114, 376, 376(1)(a), 506(2) and 201 of the Indian Penal Code as also under Section 147(a)(d)(e) of the Bombay Police Act.

(2.) THE brief facts of the prosecution case are that the victim was raped by the original accused on 21.1.1993 in the police station. The original accused were the police personnels and they were in a drunken condition at that time. A complaint in that regard was filed by the complainant with the Himmatnagar Police Station. On the basis of the said complaint, investigation was carried out. The accused were arrested. After completion of investigation, chargesheet was filed in the Court of learned Judicial Magistrate, First Class at Idar. As the case against the accused was triable by Sessions Court, it was committed to the Court of Sessions, Sabarkantha at Himatnagar.

(3.) LEARNED APP, Ms. C.M. Shah, has contended that the trial Court has committed error in acquitting the accused of the charges levelled against them, though there are ample evidences produced before the trial Court to connect the accused with the crime. She further contended that the trial Court has erred in discarding the evidences of the witnesses on the ground that there are contradictions in the evidences of the witnesses. In that view of the matter, the impugned judgement of the trial Court is required to be set aside.