STATE OF GUJARAT Vs. VIPINBHAI DEVABHAI BHIL

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the judgment and order dated 22.5.2012 passed by the learned 7th Additional Sessions Judge, Vadodara in Sessions Case No.208 of 2010, whereby the respondents accused came to be acquitted for the offences punishable under sections 363, 366 and 376 of the Indian Penal Code (for short "IPC"), the applicant ­ State of Gujarat has preferred this application to grant leave to appeal as provided under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) BRIEFLY stated the case of the prosecution is such that complainant Kapilaben Bhil lodged complaint with Nasvadi Police Station against the respondent accused vide I ­ C.R. No.23 of 2010 for the aforesaid offences. As per the prosecution case, before one week of dated 6.4.2010, the prosecutrix along with her cousin sister Ranjanaben went to Nasvadi village for shopping, as marriage of the prosecutrix was to be scheduled on 6.4.2010. At that time, respondent accused No.1, with an intention to kidnap the prosecutrix, came there and threatened her and by alluring and enticing her, the respondent accused No.1 fled away with with the prosecutrix. Thereafter, respondent No.1 accused and the prosecutrix lived in the farm and during that period, the respondent accused No.1 forcibly committed sexual intercourse with the prosecutrix and because of that, the prosecutrix became pregnant also. According to the prosecution, the date of birth of the prosecutrix is 1.6.1996.

(3.) IN order to bring home charge, the prosecution has examined 15 witnesses and has also produced documentary evidence in form of complaint, medical certificate of the victim, school leaving certificate and other relevant evidence before the trial Court.