STATE OF GUJARAT Vs. DEVJIBHAI MANDANBHAI SOVATHIA

JUDGEMENT

(1.) The present appeals emanate from the judgment and order dtd. 20/10/1995 passed by the Additional Sessions Judge, Kachchh - Bhuj (for short, "the trial Court") in Sessions Case Nos.23 of 1993 (Criminal Appeal No.103 of 1996), 24 of 1993 (Criminal Appeal No.100 of 1996) and 60 of 1993 (Criminal Appeal No.20 of 1996).

(2.) In Criminal Appeal No.20 of 1996 in Sessions Case No.60 of 1993, there were 13 accused and by the judgment dtd. 20/10/1995, the trial Court has acquitted them. In Criminal Appeal No.103 of 1996 in Sessions Case No.23 of 1993, there were 17 accused and in Criminal Appeal No.100 of 1996 filed by the State in Sessions Case No.24 of 1993, there were 02 accused. By the common judgment and order dtd. 20/10/1995 passed by the trial Court in Sessions Case No.23 of 1993 (17 accused) and Sessions Case No.24 of 1993 (2 accused), the trial Court has acquitted all the accused by the judgment and order of the even date (20/10/1995) passed in Sessions Case No.60 of 1993, the Trial Court has acquitted 13 accused and the same is subject matter of challenge in Criminal Appeal No.20 of 1996. Thus, the trial Court has acquitted total 32 accused in all the sessions cases. The Trial Court has conducted a separate trial, as mentioned hereinabove, in Sessions Case No.60 of 1993 and Sessions Case Nos.23 and 24 of 1993.

(3.) The first FIR being CR-I No.80 of 1992 has been registered on 15/8/1992 by the complainant - Renukaben D/o Devjibhai Mandanbhai Sorathiya before Aadipur Police Station, Kachchh against two accused - Dayaram Ramji Chotara @ Babal and Mohan Ramji Chotara under the provisions of Ss. 354 and 114 of the Indian Penal Code, 1860 (for short, "the IPC"), wherein she has alleged that while she was going on the scooter on 11/8/1992, at that time, both the accused came on the motorcycle from behind and teased her by overtaking her. Thus, the FIR has been registered after a period of 03 days of the incident.