STATE OF GUJARAT Vs. THAKOR MANGAJI GALAJI

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, Gandhinagar dated 17.01.1998 rendered in Sessions Case (Old) No.65/1993 and Sessions Case (New) No.6/1996, whereby the learned Trial Judge acquitted the original accused opponent herein of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that on 29.12.1992, the accused, with an intention to marry with the victim, took the victim in the rickshaw without her consent from the custody of the complainant. Therefore, a complaint was lodged being I -C.R.No.3/1993 with Dabhoda Police Station for the offences punishable under Sections 363 and 366 of the Indian Penal Code (for short "IPC").

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Additional Sessions Judge, Gandhinagar, which was, thereafter, numbered as Sessions Case (Old) No.65/1993 and Sessions Case (New) No.6/1996. Since the opponent -accused did not plead guilty and claimed to be tried, he was tried for the alleged offences.