STATE OF GUJARAT Vs. MAHADEVBHAI GHANSHYAMDAS SAMBHAVNI

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 30/12/2011 passed by the learned Additional Sessions Judge (Special Judge), Gandhidham at Kutch (hereinafter be referred to as "the Trial Court) in Special Atrocity Case No.39 of 2008, whereby the accused - respondent herein came to be acquitted from the charge of the offences punishable under Ss. 354, 452, 504 and 506(2) of the Indian Penal Code (for short "the IPC") and under Ss. 3(1)(11) of the Prevention of Atrocities Act, 1989, the appellant - State of Gujarat has preferred present criminal appeal under Sec. 378(1) (3) of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated that on 30/4/2008, while the complainant was alone in her house and doing household work at that time accused had illegally entered into the house at about 2:30 in the afternoon and as she was going back side, accused suddenly caught hold her wrist. However, she tried to shout, but with another hand, accused had pressed her mouth and thereafter complainant had escaped from the accused but again the accused had caught hold her right hand wherein right hand side blouse was torn and as the husband of the complainant came there, accused had run away from the place.

(3.) On completion of the investigation, investigating agency recorded statements of the prosecution witnesses, drawn panchanama and collected relevant expert evidence for the purpose of proving the offence. After having found sufficient material against the respondent herein for the aforesaid offence, charge-sheet came to be filed in the concerned Court of JMFC. Since the case was exclusively triable by Sessions Court, concerned JMFC committed the case to the Sessions Court as provided under Sec. 209 of the Code.