STATE OF GUJARAT Vs. RAJUBHAI DAYABHAI KOLI

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 23.08.2004 passed by the Additional Sessions Judge, Fast Track Court No. 1, Bhavnagar in Sessions Case No. 79 of 1998 whereby original accused no. 1 has been acquitted of the charges leveled against him. Original accused nos. 2 & 3 had died before the trial and therefore the trial against them stood abated.

(2.) The brief facts of the prosecution case are that on 16.12.1997 the complainant who is a resident of Dahisar, Mumbai came to Botad and had to go to Mota Bhadla. While the complainant was waiting at railway station, an unknown person came there and offered to help her by taking her to ladies dharamshala. The complainant went along with the unknown person in an autorickshaw. However, on the way two other persons boarded the rickshaw. She got suspicious and asked as to where the person was taking her and at that time one of the persons took out a knife and put a cloth in her mouth. It is further the case of the prosecution that she was taken to a hut by the said persons but she tried to run away. However the persons chased her and committed rape on her. It is the case of the prosecution that the accused persons also robbed her and took away cash and ornaments from her. 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 respondents-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 respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence.