STATE OF GUJARAT Vs. HIRABHAI VASTABHAI BORICHA

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 28.04.2006 passed by the Sessions Judge, Jamnagar in Sessions Case No. 84 of 2005 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that on 03.05.2005 while the complainant returned after visiting his brother who had met with an accident, he was informed by his wife that when the prosecutrix had gone the shop of the respondent, she had returned crying. When the prosecutrix was asked the reason, she informed that while she had gone to the shop, the respondent called her inside and thereafter committed rape on her. It is the case of the prosecution that the prosecutrix started shouting and therefore the respondent spared her. A complaint was therefore lodged by the complainant. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Mr. Pujari, learned APP appearing for the appellantState has submitted that the trial court committed an error in releasing the respondent-accused. It was contended by Mr. Pujari, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence. He submitted that the age of victim was less than 14 and therefore this is a fit case where the accused is required to be convicted.