STATE OF GUJARAT Vs. LAXMANBHAI SHAMBHUBHAI BARAIYA

JUDGEMENT

(1.) The respondent is the sole accused in Sessions Case No.66 of 2012 on the file of the learned 5th Additional Sessions Judge (Ad-hoc), Kheda-Nadiad. He was prosecuted for the offences punishable under Ss. 363, 366 and 376 of the Indian Penal Code. Eventually, after trial, he was not found guilty for any of the said offences and he was acquitted of all the said charges by the impugned judgment.

(2.) Aggrieved by the impugned judgment of acquittal, the State has preferred the instant appeal challenging the legality and validity of the impugned judgment of acquittal.

(3.) The victim girl is a minor aged about 15 years, 11 months and 13 days on the date of offence, which took place on 14/2/2012, (she will be herein after referred to as "the prosecutrix"). She was studying 10th class at the time of the offence. It is stated that she has been preparing for final examination of her 10th class and when she was studying during the night time on 14/2/2012, that she went out of her house to answer the calls of nature at about 12 O' clock in the mid night. At that time, when she was alone, at that place, and while she was answering the calls of nature, the accused came and caught hold of her and forcibly took her to the nearby field and committed rape on her. It is stated that he has stripped off her clothes and had sexual intercourse with her by force. Thereafter, he has taken her along with him, threatening her with dire consequences. Initially, he has taken her towards Rajkot and again he has brought her back to Ahmedabad. They were sitting at the bus stop of Geeta Mandir between 5 to 6 p.m. on 15/2/2012. At that time, police traced both of them and questioned them and brought them to Geeta Mandir Police Station. They, in turn, informed Mahemadavad Police Station that the accused and the prosecutrix were found at the bus stop and handed them over to Mahemadavad Police.