MINABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') is filed by the first-informant ' victim challenging the judgment and order of acquittal rendered by Additional Sessions Judge, Tharad ' Banaskantha dtd. 1/7/2022 passed in Sessions Case No. 21 of 2020, whereby the respondent No. 2 ' accused came to be acquitted of the charges for offence under Ss. 376(m), 201 and 506(2) of the Indian Penal Code.

(2.) The appellant ' first-informant filed an FIR on 1/3/2020 that, on 23/2/2020 at about 2 p.m., the respondent ' accused entered her house and at the point of knife, committed an offence of rape over her, threatening of dire consequences as also killing her parents. Since she was scared with the behaviour of the accused at knife-point and the respondent ' accused was third-generation cousin, she could not muster courage to immediately file the FIR, and therefore, it came to be filed after about 6-7 days. Pursuant to the FIR filed, an investigation was carried out and since sufficient material was collected during the course of investigation, the police authorities filed the charge-sheet and ultimately, a Sessions Case, as aforesaid, came to be registered against the respondent ' accused .

(3.) To prove the case against the accused, the prosecution examined nearly 12 witnesses, including the first informant ' victim, produced and proved approximately 22 documents on record of the case. However, on analysis of the evidence led before the Court and examining the documents, the learned Judge acquitted the accused.