STATE OF GUJARAT Vs. IMRAN @ CHINMAY FAKIR MAHAMMADDIWAN

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 09.10.2006 passed by the Additional Sessions Judge, Fast Track Court No. 2, Bharuch in Sessions Case No. 131 of 2005 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that on 16.03.2005, the deceased Shabanaben had received burn injuries and was therefore admitted at Palej Community Health Center and thereafter she was shifted to Bharuch Civil Hospital for further treatment. During that period i.e. on 24.03.2005, the deceased had stomach pain and she informed Firoz Khan Pathan that about five months prior to the incident when she was alone at her house, the respondent came there and forcefully committed rape on her and also threatened her that if she informed anybody about the incident she would be killed. Thereafter, she gave birth to a dead child. A complaint was therefore lodged by the complainant - deceaesed. The deceased however succumbed to the burn injuries. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. C.M. Shah, learned APP appearing for the appellantState has submitted that the trial court committed an error in releasing the respondents-accused. It was contended by Ms. Shah that the judgement 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 evidence against the present respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence.