RAVAL VIJYABEN HARGOVANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Sec. 372 of the Code of Criminal Procedure, 1973 is filed by the victim challenging the impugned judgment and order of acquittal passed by the 3rd Additional Sessions Judge, Mehsana, in Sessions Case No. 82 of 2022 dtd. 29/11/2023, whereby respondent - accused came to be acquitted of the charge leveled for the offence punishable under Ss. 376 and 506(2) of the Indian Penal Code.

(2.) The case of the prosecution can be summarized as under:-

(3.) Mr. Kamlesh S. Kotai, learned advocate for the appellant - victim, submitted that when forceful act of rape without her consent is committed, which is corroborated by the deposition of her daughter, who was sleeping beside her, the testimony of the victim is required to be accepted. 3.1 He has further submitted that in a history before the Doctor, she has narrated the entire story, which corroborates her case before the Court. Therefore, there is no reason to discard the testimonies of the victim and her daughter as also the Doctor. Therefore, he has submitted that an order of acquittal recorded by the learned Judge is erroneous.