STATE OF GUJARAT Vs. BABUBHAI ARJANBHAI GABU (KOLI)

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 20.09.2006 passed by the Presiding Officer, Fast Track Court No. 2, Rajkot in Sessions Case No. 14 of 2006 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that on 16.05.2004 one Ganuben was standing at the entrance of the street and she had given some indication to the complainant's daughter victim and therefore the victim had gone to Ganuben and had some discussion. Thereafter the victim told the complainant that she will come in a while and went with said Ganuben. It is further the case of the prosecution that after some time when the complainant's daughter did not return she along with another daughter went to the house of Ganuben and inquired the whereabouts of her daughter. It is the case of the prosecution that Ganuben told the complainant that the victim had not gone there. The complainant thereafter returned home. The complainant was thereafter informed that said Ganuben, the victim and a relative of Ganuben was seen going in a rickshaw. It is further the case of the prosecution that the complainant inquired about the same with Ganuben and she was told that the victim was sent by Ganuben with a relative in an autorickshaw. 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.) Mr. L.R. Pujari, learned APP appearing for the appellantState has submitted that the trial court committed an error in releasing the respondents-accused. It was contended by Mr. Pujari 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 respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence.