STATE OF GUJARAT Vs. HARUN ISHABHAI SETA VAHER

JUDGEMENT

(1.) By way of this appeal, the appellantState of Gujarat has challenged the judgment and order dated 23.12.2005 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Jamnagar, in Sessions Case No.63 of 2005, whereby the Trial Court has acquitted the respondent hereinoriginal accused for the offence punishable under Sections 363, 366 & 376 of the Indian Penal Code (for short "the I.P. Code").

(2.) The facts of this case are that the complainantTaiyab Suleman Ghogha was residing along with his family consisted of his wife four daughters and two sons. It is the case of the prosecution that three daughters of the complainant were married and younger daughter at the time of alleged incident was aged about 16 years. On 10.3.2005 at about 3:30 pm. when the daughter of the complainant went to the house of her friend, the accused abducted her from the lawful custody of the parents and committed rape on her on different dates without her consent. A complaint in respect of this incident was lodged by the complainant.

(3.) The investigation was taken up and after usual investigation, chargesheet came to be filed against the accused person. The offence committed by the accused person were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Jamnagar, under Section 209 of the Code of Criminal Procedure, 1973, where it was registered as Sessions case No.63 of 2005. Charge vide Exhibit5 came to be framed against the accused person. He pleaded not guilty and claimed to be tried.