STATE OF GUJARAT Vs. RAFIQ DHANVARBHAI MEMON

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgement and order passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No.26 of 1991 dated 17/12/1991, by which the learned trial court has acquitted the respondent herein original accused for the offences punishable under sections 363, 366, 376, 380 and 114 of Indian Penal Code, appellant herein State has preferred the present appeal.

(2.) That one Ramanbhai Galbabhai Vaghri, father of the prosecutrix lodged the complaint with City Police Station, Vadodara against the respondent herein original accused for the offences punishable under sections 363, 366, 376, 380 and 114 of Indian Penal Code. It was alleged in the complaint that he has two daughters and five sons, out of which eldest one Radha (prosecutrix) was studying in 5th standard in Primary School, Vadodara and as she failed, she was not sent to school. It was further alleged that when she was studying in the school, the accused was time and again harassing her. It was further alleged that on 14/8/1990 when there was religious ceremony of Janmashtami in the area, at about 8.30 PM, she went to home alone from the place of religious ceremony, however, thereafter she was not seen and thereafter they started inquiring about her daughter Radha but she was not found out. It was alleged that thereafter, on inquiry it came to know that the accused has eloped with his daughter Radha and kidnapped her, who was minor. It was further alleged that the accused called her to come with him with whatever she is having and therefore, his daughter Radha has run away and took with her Rs.3000 from the cupboard of his house. It was further alleged that the accused was standing near his house and thereafter both, his daughter Radha and the accused ran away in a Rickshaw and first they stayed in a lodge at Vadodara, where the accused had sexual intercourse with her daughter thrice. It was further alleged that thereafter both of them were moving in Vadodara City and at that time, near Pali Gate area when the maternal uncle and aunt of Radha saw them, they tried to run away, however, the maternal uncle and aunt got Radha, however, the accused run away. That thereafter, Radha was brought to the house and lodged the First Information Report with City Police Station, Vadodara against the accused for the aforesaid offences punishable under sections 363, 366, 376, 380 and 114 of Indian Penal Code.

(3.) Mr.Himanshu Patel, learned Additional Public Prosecutor appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the learned trial court has committed a grave error in acquitting the accused by giving benefit of doubt.