STATE OF GUJARAT Vs. MAHENDRASINH BAHADURSINH ZALA

JUDGEMENT

(1.) Heard Ms.Jirga Jhaveri the learned APP for the appellant and Mr.Hasit Joshi the learned advocate appearing for the respondent nos.1 to 3 at length.

(2.) The present appeal under Sec. 378 of the Criminal Procedure Code , 1973, is directed by the appellant-State against the judgement and order of acquittal dtd. 13/4/2004 passed by Sessions Court, Jamnagar, in Sessions Case No.73 of 1999 for the offenses punishable under Ss. 363 , 366 , 376 , 506(2) and 114 of the Indian Penal Code.

(3.) It is the case of the prosecution that the complainant victim-girl, had filed a complaint before Jamnagar City "B" Division Police Station for the alleged offence punishable under Ss. 363 , 366 , 376 , 506(2) and 114 of IPC vide CR No.I-536/98 stating the fact that she is residing at Ishwar Apartment, Sharusection Road, Jamnagar, and on 7/6/1998 at about 4.00 p.m. the accused persons have enticed and induced and taken minor girl from the lawful custody of her parents and committed rape on her against the her will, therefore, aforesaid complaint has been filed against the aforesaid accused persons before police. The police investigated the case and there was sufficient evidence against the respondents-accused, an offence was registered and chargesheet was filed in the Court of J.M.F.C. and as it was a case triable by learned Sessions Judge, same was committed to learned Sessions Court, Jamnagar under Sec. 209 of Cr.P.C. and numbered as Sessions Case No.75 of 1999, wherein the respondent accused have not been pleaded guilty for the charges levelled against them and claimed to be tried. The learned Judge after hearing both the sides, acquitted the accused by his judgement and order dtd. 13/4/2004.