STATE OF GUJARAT Vs. RAVINDRA BRAHMADEV CHAUBE

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 18.3.1996 passed by learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 121 of 1994 whereby the respondent-original accused was acquitted of the offences punishable under Sections 376(2)(c) read with Section 511 of the Indian Penal Code ('IPC' for short).

(2.) The fact of the case, in brief, is that the complainant has lodged a complaint before Dwarka Police Station being CR No. 63 of 1994, stating that while she was staying at Sanatan Ashram and studying in Standard VI, accused Ravindra Brahmdev Chaube had tried to commit rape on her. After investigation, chargesheet was filed in the Court of Judicial Magistrate, Dwarka. As the case was triable by the Court of Sessions, it was committed to the District and Sessions Court at Jamnagar.

(3.) The trial Court framed charge against the accused. The accused pleaded not guilty and claimed to be tried. Therefore, the prosecution produced evidence. Further statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. The trial Court, after completion of trial, acquitted the accused of the charge levelled against him by the aforesaid judgement. Hence the present appeal.