PROSECUTRIX Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Sec. 372of the Criminal Procedure Code, 1973 (for short, 'the Cr.PC') against the judgment and order of acquittal dtd. 12/6/2023 passed by the Additional Sessions Judge, City Sessions Court No. 19, Ahmedabad City, District Ahmedabad in Sessions Case No. 226 of 2022, wherein and whereby the trial Court has acquitted respondent ' accused after examining the oral as well as documentary evidence, by giving him benefit of doubt. As per the charge at Exh.4, the offence is punishable under Ss. 366, 376, 376(2)(n) of the Indian Penal Code (for short, 'the IPC').

(2.) Learned advocate Ms. E. Shailaja appearing for the appellant ' original complainant i.e. who is the prosecutrix has submitted that in fact the trial court fell in error while giving benefit of doubt to the respondent -accused. It is submitted that the trial Court has not appreciated the evidence in its true perspective and fell in error in acquitting the respondent -accused from the offence, for which he was charged.

(3.) Learned advocate Ms. E. Shailaja appearing for the appellant ' original complainant has submitted that the respondent -accused developed the physical relationship by misleading prosecutrix on the pretext of false promise of marriage. She has referred to the evidence of the victim PW -1 at Exh.7. She has submitted that initially the prosecutrix has also given a written complaint before the Police on 8/12/2021, however nothing was done and hence, an FIR was registered by herself on 12/2/2022. She has submitted that there is ample evidence which would show that the respondent accused had misdirected her and poised her for developing physical relationship. Thus, it is urged that the present appeal may be allowed and the respondent -accused be convicted for the offence for which he was charged.