STATE OF GUJARAT Vs. DEVENDRAKUMAR BALDEVBHAI RAJPUT (DABHI)

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 16/12/2005 passed by the learned Additional Sessions Judge, Court No. 7, Ahmedabad City in Sessions Case No. 25 of 2005, whereby the 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.) THE brief facts of the prosecution case are that on 14/09/2004, the prosecutrix was abducted by the accused from the legal guardianship of her parents and she was taken to different places and alleged to have sexual intercourse against her will and without her consent for which, a complaint came to be lodged against him.

(3.) ON the other hand, Mr. Thakkar, 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.