THE STATE OF GUJARAT Vs. ANIRUDHSINH JASHUBHA JADEJA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 12/06/2006 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 2, Jamnagar in Special Case No. 15 of 2003, whereby the respondent herein - original accused came to be acquitted of the charges levelled against him for the offence punishable under Sections 376 and 506(2) of the Indian Penal Code, 1860 (for brevity, 'the IPC') and Section 3(1)(11) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 'the Atrocity Act').

(2.) BRIEF facts of the prosecution case are that the victim and the accused were residing in the same village; the accused was knowing that the victim belonged to the reserved caste and that she was unmarried and even then, he committed frequent rape on the victim due to which, she became pregnant. Due to such happening, the accused threatened the victim not to disclose the same anybody, else he would kill her. However, on foetus being developed, the mother of the victim inquired from victim about the same and in turn, the victim informed her about the frequent rape committed by the accused and for the same, a complaint came to be lodged against the accused for the alleged offence.

(3.) WHEREAS , Mr. Barot, the learned advocate for the respondent - original accused 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. It is also submitted that the prosecution case is based on the circumstantial evidence and there are material contradictions and improvements in the evidence of the prosecution witnesses. He further submitted that 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 when the victim herself and her mother have not supported the case of the prosecution, in the circumstance, the learned trial Judge has rightly acquitted the accused and accordingly, it is requested that this Court should not interfere in appeal.