STATE OF GUJARAT Vs. TARUNBHAI BHARATBHAI BRAHMBHATT

JUDGEMENT

(1.) By way of this appeal, the appellantState of Gujarat has challenged the judgment and order dated 17.08.2005, passed by the learned Additional Sessions Judge, Amreli, in Sessions Case No.16 of 2005, whereby the Trial Court has acquitted the respondent hereinoriginal accused for the offence punishable under Sections 363, 366, 342, 354, 323, 506(2) and 376 read with Section 511 of the Indian Penal Code (for short "the I.P. Code").

(2.) The case of the prosecution as disclosed during the trial is that before one and half month of the incident the complainant was searching for the accommodation and at that time she came to know that one Davebhai was to let out his house. Therefore, the complaint went to see the house, where she came to know from the daughter of Davebhai that original accused wanted a lady employee for his office, which is likely to be opened at Amreli. The daughter of Davebhai also told that accused is known to his father.

(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 Amreli, under Section 209 of the Code of Criminal Procedure, 1973, where it was registered as Sessions case No.16 of 2005. Charge vide Exhibit3 came to be framed against the accused person. He pleaded not guilty and claimed to be tried.