SONALBEN MAHESHAJI VAGHAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant-original complainant, challenging the judgment and order of acquittal dtd. 7/9/2023 passed by Learned 3 rd Additional Sessions Judge in sessions case No.77 of 2021, whereby learned Sessions Court has acquitted the respondent-accused for the offence punishable under Sec. 376(2), 450(2), 506(2) of Indian Penal Code, 1860 (hereinafter referred to as IPC).

(2.) It is the case of the prosecution that, on 14/1/2021 on the day of 'Utarayan', the complainant was present at her house and her husband went to the pan shop and the father-in-law, mother-in-law went to the village Uvarsa for a ritual purpose. Noticing that the complainant was alone at the house around 11:00 a.m., the accused entered into the house in the courtyard, the complainant was taking her lunch and at that time by holding her hand accused took her inside the house and offence of rape was committed. Threats were administered that, if this offence is disclosed to anyone then he would kill her son and husband, therefore the complainant did not disclose the offence to her family members.

(3.) On setting criminal law in motion, investigation was carried out and after collecting the material, a charge-sheet came to be submitted before the Learned Judicial Magistrate, Kadi on 24/3/2021 and the same was numbered as criminal case No.225 of 2021. As the case is triable by the learned Court of Sessions, it was committed to the learned Sessions Court and thereafter charge was framed below Exh.4, wherein accused pleaded not guilty and claimed to be tried. In order to prove the guilt of the accused, prosecution examined 13 witnesses and produced 27 documentary evidence.