STATE OF GUJARAT Vs. SANTOSH BHAGIRTHI GAUTAM

JUDGEMENT

(1.) Heard Mr. Soni, learned Additional Public Prosecutor for the applicant - State. This application seeking leave to appeal is filed under Sec. 378(1)(3) of the Code of Criminal Procedure challenging the impugned judgment and order of acquittal dtd. 10/3/2023 passed by the learned Sessions Judge, Rajkot in Sessions Case No.72 of 2018. By the said judgment and order of acquittal, the learned Sessions Judge has recorded acquittal of the respondent- accused for the offences punishable under Ss. 354, 452 and 306 of the Indian Penal Code.

(2.) Mr. Soni, learned Additional Public Prosecutor has invited attention of this Court to the incident alleged which culminated into registration of present FIR. Learned Additional Public Prosecutor has submitted incident had taken place on 3/1/2018 at factory premises where the deceased along with her husband were doing labour work. He has submitted that on 3/1/2018 at about 12'o clock night the complainant was sleeping with her husband at that time respondent accused had entered into the factory premises and had tried to molest her. It is the case of the deceased-complainant that she tried to share her ordeal with the husband. However, the accused molested the deceased. Upon such treatment being made by the respondent accused molesting the deceased, she committed suicide by jumping inside the furnace (Bhathi). The complainant was shifted to the hospital and she succumbed to the burn injuries.

(3.) Mr. Soni has invited attention of this Court to the fact that dying declaration of the deceased -complainant before the learned Executive Magistrate and the FIR which was registered pursuant to the statement of the deceased. She has invited attention of this Court to the fact that the Yadi was sent to the Deputy Mamlatdar at around 3.15 hours and the Executive Magistrate had proceeded to record the dying declaration at around 3.55 hours on the same day, which was over around