STATE OF GUJARAT Vs. NAZIRMIYA SARDARMIYA MALEK

JUDGEMENT

(1.) The present appeal filed by the State under Sec. 378 of the Criminal Procedure Code, 1973 (for short, "the Cr.P.C.") is directed against the judgment and order of acquittal dtd. 26/6/1997 passed by the Court of Additional Sessions Judge, Nadiad (hereinafter referred to as "the trial Court") in Sessions Case No.92 of 1992, acquitting the respondents - accused from the offences punishable under Ss. 363, 366 and 376 read with Sec. 114 of the Indian Penal Code, 1860 (for short, "the IPC").

(2.) The case of the prosecution, as per the charge at Exh.6, is that all the three accused had enticed away the daughter of the complainant (PW-4) on 9/8/1991, at 23:00 hours, and thereafter, the accused No.1 had developed physical relationship with her with the help of accused Nos.2 and 3. It is mentioned in the charge that the accused No.1 had taken the victim at various places and hence, committed rape. Thus, the charge under the provisions of Ss. 363, 366 and 376 read with Sec. 114 of the IPC were framed against the accused. The trial Court, after examining the ocular as well as documentary evidence, has acquitted the accused.

(3.) Learned Additional Public Prosecutor Mr.Utkarsh Sharma, appearing on behalf of the appellant - State, at the outset, has submitted that the acquittal recorded by the trial Court is required to be quashed and set aside as the evidence, which has surfaced on record, has not been appreciated in its true perspective. He has submitted that there is abundant evidence, which would suggest that the accused No.1 had committed rape on the minor daughter of the complainant.