THE STATE OF GUJARAT Vs. DEEPAK KHALPABHAI HALPATI

JUDGEMENT

(1.) THE present appeal, under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 07/07/2005 passed by the learned Presiding Officer, 2nd Fast Track Court, Valsad in Sessions Case No. 42 of 2004, whereby the respondent herein - original accused has been acquitted of the charges levelled against him for the offence punishable under Sections 376, 506(2) and 114 of the Indian Penal Code, 1860 (for brevity, 'the IPC').

(2.) BRIEF facts of the prosecution case are that on 02/02/2004 at about 22:00 hours, at Village: Borigam in Rai Faliya, the respondent herein - original accused, with the aid and abetment of one juvenile in conflict with law, got the victim forcefully drink the liquor and thereafter, raped her against her will and also threatened to kill her if she would disclose the same to anybody and thus, the accused committed the offence alleged against him, for which, a complaint came to be lodged.

(3.) ON the other hand, learned advocate Mr. Oza for the respondent - original accused, supported the impugned judgment and order and submitted that the same having been passed in accordance with law, does not call for any interference. It is submitted that the prosecution has failed to prove the case against the respondents beyond reasonable doubt. It is also submitted that the learned trial Judge, after taking into consideration all the aspects of the matter, has come to such a conclusion, which is just and proper and when the learned trial Judge, after duly appreciating the oral as well as documentary evidence produced before him, has come to such a conclusion, this being an appeal against acquittal, this Court should not interfere in appeal.