STATE OF GUJARAT Vs. JAYDEVSINH BACHUBHA JADEJA

JUDGEMENT

(1.) In the present appeal, presented under Sec. 378(1)(3) of the Code of Criminal Procedure Code, 1973 (for short, "the Cr.P.C."), the State has assailed the judgment and order dtd. 14/3/2005 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Surendranagar in Sessions Case No.47 of 2004. The respondents-accused were tried and charge- sheeted by the Trial Court under Ss. 363, 366, 506(2), 376(2)(g) read with Sec. 34 of the Indian Penal Code, 1860 (for short, "the IPC"). The Trial Court, after appreciating the necessary evidences laid down by the prosecution and at the end of the trial vide judgment and order dtd. 14/3/2005 has acquitted the accused for the offences, for which, they were charged.

(2.) The facts, in short, giving rise to the present appeal, as per the case of the prosecution is that the victim as well as complainant - Ashaben Dhirubhai Jadav (PW-1), has filed a complaint being CR No.I-121 of 2004 before Surendranagar Police Station on 22/6/2004, for the alleged offence under Ss. 363, 366, 506(2), 376(2)(g) read with Sec. 34 of the IPC, stating that she is aged 15 years and doing household work. According to the complainant, it is the case of prosecution that she is residing at Lati Bazar, B/h. Raj Timber Market at Surendranagar along with her father and mother. Her father is a truck driver and her mother - Gauriben is doing labour work. It is further the case of prosecution that on 19/6/2004, at about 11.00 hours in the morning, she had gone to purchase cutlery and when she reached near Milan Talkies at about 11.30 hours, the respondents - accused came in a Maruti car bearing registration No.GJ-13-F-1069 and they offered lift to the complainant. It is further the case of prosecution that after giving lift to the complainant, they had taken the car towards Raj Hotel, through a cross-way, which is going towards Ratanpar, at that time, the victim had inquired from the accused that where they were taking her. At that time, accused - Jaydev and Rajubhai Bharwad, were sitting with her and they had threatened the victim to keep silent, otherwise she would be finished, therefore, she did not shout for help and the accused persons have taken victim at the guest house at Chotila, where all the accused persons have committed rape on her against her will. It is further the case of the prosecution that from Chotila, she was taken to the guest house at Morbi and there also, the accused persons have also committed rape on her against her will during night as well as at noon. It is further the case of prosecution that thereafter, the accused persons have taken her at Surendranagar and dropped at Surendranagar bus stand at about 1.00 a.m. at night, where also the accused threatened the victim not to disclose the fact before anybody otherwise she will be finished. Thereafter, a complaint being CR No.I-121 of 2004 was lodged for the alleged offence under Ss. 363, 366, 376(2)(g) and 506(2) of the IPC before the Surendranagar Police Station against the respondents accused.

(3.) On registering the complaint, the police investigated the case and the Investigating Officer found sufficient evidence against the respondents - accused and the charge-sheet was filed in the Court of the learned J.M.F.C., Surendranagar, since the case was triable before learned Sessions Judge, the same was committed to learned Additional Sessions Judge, Surendranagar under Sec. 209 of the Cr.P.C. and numbered as Sessions Case No.47 of 2004, wherein the respondents accused have not pleaded guilty for the charges levelled against them and claimed to be tried. The learned Judge, after appreciating the necessary evidence laid down by the prosecution, has acquitted the respondents - accused vide judgment and order of acquittal dtd. 14/3/2005.