STATE OF GUJARAT Vs. ODHARJI VIHAJI THAKOR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of acquittal dated 15.12.2005 passed by the learned Additional Sessions Judge, Deesa in Sessions Case No. 102 of 2002, whereby the respondent -original accused is acquitted of the charges under Sections 363, 366 and 376 of the Indian Penal Code.

(2.) THE facts in brief giving rise to the filing of present appeal are as under:

(3.) MR . L.R. Pujari, learned APP appearing for the State has submitted that the trial Court has committed an error in not believing the case of the prosecution as admittedly the victim was less than 18 years of age at the time of the incident. He also submitted that birth in this regard register was produced on record and, therefore, the trial Court has committed an error in acquitting the accused of the charges levelled against him. He has taken us through the evidence and contended that the trial Court has committed an error in acquitting the accused inspite of voluminous evidence against him and contended that the trial Court ought not to have acquitted the accused.