STATE OF GUJARAT Vs. MOHANBHAI RAVJIBHAI

JUDGEMENT

(1.) The respondent accused was charged for offences under sections 363, 366 and 376 of Indian Penal Code. The learned Additional Sessions Judge, Ahmedabad (Rural) by his judgment and order dated 5th September, 1983, acquitted the accused of offence under sections 363 and 366 of I.P.C.; but so far as offence under section 376 of I.P.C. is concerned, he held that he had no territorial jurisdiction to try the accused in respect of his charge and that it would be open to the prosecution to try him before a Court having such jurisdiction.

(2.) It is this judgment and order of acquittal which has been challenged by the State in this appeal.

(3.) The learned Counsel for the State has taken us through the record and proceedings of the case as also the oral and documentary evidence on record, on the basis of which he has vehemently urged that the judgment and order of acquittal so far as offence under sections 363 and 366 of I.P.C. is concerned, are not sustainable. We do not propose to enter into greater detail in respect of these submissions in view of the settled legal position pertaining to the approach to be adopted by the appellate Court in respect of appeals from acquittal orders.