STATE OF GUJARAT Vs. VIKRAMJI AJUJI THAKER

JUDGEMENT

(1.) This appeal is filed by the State of Gujarat against an order of acquittal recorded by the Additional Sessions Judge, Ahmedabad (Rural), Mirzapur on November 15, 1994 in Sessions Case No. 102 of 1989. By the impugned order, the trial Court acquitted the respondent-accused for offence punishable under S.376 of the Indian Penal Code (I.P.C.).

(2.) The case of the prosecution was that on 8th May 1989 between 5-30 and 6-00 p.m., a minor girl Harsha aged about 4 years, daughter of complainant Harshadkumar alias Hasmukhbhai Dahyabhai had gone in Vadi of Sitabhai to ease herself. She came back crying. On being asked, she reported that one Vikala, i.e., Vikram Ajuji Thakor (accused herein) had committed rape on her. She was bleeding. Stool had passed and her bush-shirt was stained with blood. Blood was also oozing from her private part. Shushilaben, mother of Harsha took Harsha to Pethapur Police Station. A complaint was filed by Harshadkumar, father of Harsha. Investigation started. The accused was arrested and he was charged for committing an offence punishable under S.376 I.P.C. The defence of the accused was of total denial.

(3.) After appreciating the evidence on record, the trial Court held that it was not proved beyond reasonable doubt that the respondent-accused had committed offence with which he was charged and accordingly he acquitted accused.