STATE OF GUJARAT Vs. LALJI CHHAGANAJI THAKOR

JUDGEMENT

(1.) In the present appeal presented under Sec. 378 of the Code of Criminal Procedure Code, 1973 (for short, "the Cr.P.C."), the State has assailed the judgment and order dtd. 12/7/1996 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in Sessions Case No.18 of 1995 (below Exh.10), wherein and whereby, at the end of the trial, the accused - opponents have been acquitted for the offence punishable under Ss. 363, 366 and 376 of the Indian Penal Code, 1860 (for short, "the IPC"), since the prosecution has failed to prove its case beyond reasonable doubt.

(2.) The case of the prosecution stems out of the complaint dtd. 8/4/1994 given by the father of the victim alleging that the opponents accused had taken away his daughter.

(3.) It is the case of the complainant, as per his complaint, that he is residing in Khudad village and is serving in the State Transport Corporation as a driver and on the date of incident i.e. on 31/3/1994, he was on his duty and driving an S.T.Bus from Viramgam to Bhatariya. Since his duty was at the night hours, he halted one night at Asthana Village and on the next morning at about 1:30 hours, he reached at his home i.e. Khudad village, at that time, he came to know about such incident of the accused having taken away his daughter on 31/3/1994 and when he inquired from his wife - Valiben about the missing of his daughter, she told him that the accused have enticed her and since he was unable to find her daughter, he has registered a complaint on 8/4/1994.