STATE OF GUJARAT Vs. ASHOK @ BIRJU PRABHATSING GADHAVI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 18/5/1999 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No.46 of 1996, whereby the respondent accused came to be acquitted for the offences under Sec. 363, 366 and 376 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.) Brief facts of the case as reflected in the complaint lodged by P.W. 1 Lilabhai Jaygalbhai Rabari are that on 24/3/1995 when the complainant came back to his home at about 8 o'clock in the evening, the victim was not present there. On the next day morning, when the complainant inquired about the victim he could not find her. When the complainant inquired at Uday Electronics where the victim was working, he came to know that one Mahesh Makwana saw the victim and accused going to Ahmedabad in a bus. After inquiring at different places, when the complainant could not trace the victim and therefore, he filed complaint against the accused of kidnapping and abducting the victim with a view to marry her.

(3.) In pursuance of the complaint lodged by the complainant with the Gandhinagar Police Station for the offence under Sec. 363, 366 and 376 of Indian Penal Code, 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, charge-sheet came to be filed in the Court of learned JMFC, Gandhinagar. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Ahmedabad Rural as provided under Sec. 209 of the Code.