STATE OF GUJARAT Vs. KAMLESHBHAI RAJNIBHAI THAKOR

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 31.12.2008 passed by the Additional Sessions Judge & Presiding Officer, Fast Track Court No. 2, Anand in Sessions Case No. 18 of 2008 whereby the accused has been acquitted of the charges leveled against him under sections 366 & 376 of Indian Penal Code. The accused had been convicted under section 363 of Indian Penal Code and sentenced to rigorous imprisonment for two years with fine of Rs. 1000/- in default simple imprisonment for one month. The accused was however given benefit of set off.

(2.) The brief facts of the prosecution case are that on 08.05.2007, at about 06.30 am when the complainant after brushing and making tea went to wake up her daughter victim, she did not find her daughter on bed. After searching for whole day, the girl could not be traced. However, later on the complainant came to know that on 07.05.2007 the respondent who resided near her house had lured her daughter victim on the pretext of marriage. 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.) Ms. Shah, learned APP appearing for the appellant-State has submitted that the trial court committed an error in releasing the respondent-accused. It was contended by Ms. Shah, 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 respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.