STATE OF GUJARAT Vs. DALPATBHAI BABUBHAI KOLI

JUDGEMENT

(1.) THE present appeal, under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 28/02/2006 passed by the learned Presiding Officer, Fast Track Court No. 3, Rajkot in Sessions Case No. 140 of 2004, whereby the respondent herein - original accused has been acquitted of the charges levelled against him for the offence punishable under Sections 363, 366, and 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC').

(2.) BRIEF facts of the prosecution case are that on 22/11/2002 at about 03:00 p.m., the respondent herein - original accused abducted the minor daughter of the complainant aged about 17 years and 10 months, without her consent and/or the consent of her parents, with a view to having physical relations without marriage with her, giving temptation to marry her and thereafter, raped her against her consent and thereby, the accused committed the alleged offence for which, a complaint came to be lodged against him.

(3.) ON the other hand, Mr. Jasani, learned advocate for the respondent, supported the impugned judgment and order and submitted that the same having been passed in accordance with law, does not call for any interference. It is submitted that the prosecution has failed to prove the case against the respondent beyond reasonable doubt and the learned trial Judge, after taking into consideration all the aspects of the matter, has come to such a conclusion, which is just and proper and has rightly acquitted the accused and accordingly, it is requested that this Court should not interfere in appeal.