STATE OF GUJARAT Vs. SENMA ASHOKKUMAR DHARMABHAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 13/1/1999 passed by the learned Addl. Sessions Judge, Banaskantha at Palanpur in Sessions Case No.132 of 1992, whereby the respondents accused came to be acquitted for the offences under Sec. 363, 366, 376, 323, 324 and 114 of Indian Penal Code, the appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Code' for short).

(2.) The brief facts of the prosecution case are that on 14/6/1992 at about 4 o'clock, accused Dinesh alias Dinmohammadshah Valisha and two other accused in collusion with each other abducted the victim Vahidaben Rasidbhai and witness Bhavnaben Nathabhai with a view to commit rape on them and accused Ashokkumar Dharmabhai committed rape on witness Bhavnaben Nathabhai against her consent and will and caused injury with knife. It is also alleged that accused Dinesh alias Dinmohamamd committed rape on Vahidaben and pushed her from the hill to cause injury toher and other two accused abetted him in committing such offence.

(3.) In pursuance of the complaint lodged by the complainant with the Danta Police Station for the offence under Sec. 363, 376, 324 and 114 of IPC and Sec. 135 of Bombay Police Act, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondent accused, chargesheet came to be filed in the Court of learned JMFC, Danta. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Banaskaantha at Palanpur as provided under Sec. 209 of the Code. Accused Dinesh alias Dinmohammadsha Valisha died on 17/8/1996 and therefore, the case was abated qua him.