STATE OF GUJARAT Vs. SHRAVANSING NATHUSING RAJPUT

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 27/12/2004 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 142 of 2004, whereby the respondent herein original accused has been 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').

(2.) Brief facts of the prosecution case are that since the complainant victim was not keeping well, she approached the respondent accused, who was practicing in ayurvedic medicines and hence, the victim, on 19/04/2004 approached the respondent accused along with her father, who after examining her, prescribed some medicines and asked to visit again after three days. Hence, the victim on 21/04/2004 again visited the respondent accused at about 1:00 p.m. along with her mother Ashaben. The respondent accused asked the mother of the victim to sit outside while he was treating the victim. Thereafter, as per the case of the prosecution, in the guise of treating her, the respondent accused started misbehaving with her, he got put off the clothes of the victim and made intercourse against her will and thereby, raped her. Further, he threated to kill her if she would disclose anybody. Thus, the accused committed the offence alleged against him, for which, a complaint came to be lodged.

(3.) Ms. Shah, learned Additional Public Prosecutor appearing for the appellant State has submitted that the trial Court committed an error in releasing the respondent accused. She contended that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the offence against the present respondents. The learned Additional Public Prosecutor has also taken this Court through the oral as well as the entire documentary evidence and submitted that though the prosecution has proved the case against the accused beyond reasonable doubt and the prosecution witnesses have supported the case of the prosecution in clear terms, the learned Sessions Judge has acquitted the respondent accused and eventually, she requested to allow the present appeal.