STATE OF GUJARAT Vs. MAHADEVBHAI MAGHABHAI SUTHAR

JUDGEMENT

(1.) This application under Section 378(1) (3) of Code of Criminal Procedure, 1973 is preferred by the State of Gujarat/original complainant seeking leave to file appeal against judgement and order of acquittal dated 21.5.2015 passed by the Court of learned Additional Sessions Judge, Gandhinagar in Sessions Case No.20/2014, wherein at the end of trial, the learned Judge was pleased to acquit opponent for the offence under Sections 376, 506(2) of Indian Penal Code and 135 of Bombay Police Act and therefore, an appeal is also preferred under Section 378 of Code of Criminal Procedure, 1973.

(2.) Learned APP has taken us to brief facts of case of the prosecution that the accused is father-in-law of the victim who was staying with accused, son of the accused (husband of the victim) and sister in law of the husband of the victim (the daughter of the accused). Thus, the accused was widow male living without his life partner. On 20.9.2013, husband of the complainant had gone to bring some things from Kalol and the sister in law had gone to the school. The complainant was doing household work and at that time the accused had threaten the complainant at knife edge, of killing her and under that threat had committed rape against will of the complainant.

(3.) At the outset, on perusal of judgement and order of acquittal and certified copies of record namely documentary evidence as well as testimonies of witnesses are made available at this stage by leaned APP, no doubt, substantially, case of the prosecution as submitted by learned APP based only to the extent that prosecutrix/victim initially may have stated before medical officer and police authorities about the manner in which crime was committed but even above versions are not free from doubt and do not inspire confidence as such. However, the fact remains that in DNA analysis of the samples referred to in earlier paragraphs confirm parenthood of victim as well as accused as biological parents but in the testimony of victim she categorically deposed before the trial Court that she was treated by her father-in-law as a daughter and taken care of properly.