STATE OF GUJARAT Vs. MUKESHBHAI GAMANBHAI PATEL

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 30-7-2005 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Navsari, in Sessions Case No.28 of 2004 whereby the respondent-original accused was acquitted of the charges levelled against him.

(2.) Short facts of the case of the prosecution are a complainat was filed by the complainant Thakorbhai Karsanbhai Dhodia alleging inter alia that on 27-3-2004 at about 6 a.m. when he returned after purchasing vegetables, his dauaghter Vaishali cried and stated that accused Mukeshbhai Gamanbhai Patel tried to molest her mother and demanded sexual intercourse. As the victim resisted, the accused got annoyed and poured kerosene and set her ablaze. Thereafter, his daughter and accused poured water on the victim to save her. When the complainant shouted, his neighbour Thakorbhai Babubhai came. At that time, accused threatened to kill him if disclosed his name. Victim was thereafter taken to nearby dispensary and thereafter to Kasturba Hospital at Valsad for further treatment. As the incident was reported by Dr.Smt.Nehaben discharging her duty at Kasturba Hospital to the police on 27-3-2004 at 16.55 hours, janvajog entry was made and it was entered in the station dairy. In pursuance of the same, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Heard learned Additional Public Prosecutor, Ms.C.M.Shah for the appellant-State of Gujarat and learned advocate, Mr.Zubin Bharda for respondent-accused.