STATE OF GUJARAT Vs. ODHAVJIBHAI @ ODHO KHATABHAI MAKWANA

JUDGEMENT

(1.) By way of this appeal, the appellant State has challenged the judgment and order of the learned 3rd Additional Sessions Judge, Bhavnagar, Camp at Mahuva, Dated : 15.02.2012, rendered in Sessions Case 112 of 2009, whereby, the learned trial Judge acquitted the original accused No.1 the opponent, herein, of the charges for the offence punishable under Section 363, 366, 376 read with Section 114 of the Indian Penal Code.

(2.) The brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint came to be lodged by the father of the prosecutrix with Talaja Police Station, wherein, he stated that he is residing at the address given in the complaint along with his wife and children and out of them, the prosecutrix was the eldest. Then, the complainant went on to narrate the alleged offence stating that on 03.02.2009, at about 03:00 a.m., while the complainant, his wife and children were sleeping near their house, the opponent, herein, came there and allured the prosecutrix and run away with her on his motorcycle. On registration of the offence, police carried out the investigation, and since, prima facie evidence were found against the original accused, a charge-sheet was laid against them. At the time of trial, since, the accused did not plead guilty and claimed to be tried, they were tried for the alleged offence. On completion of the trial, the trial Court passed the judgment and order, acquitting all the accused including the opponent, herein. Hence, the present appeal.