STATE OF GUAJARAT Vs. KOLI GOVINDBHAI GANDABHAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 19/1/2004 passed by the learned Sessions Judge, Dhangadhra in Sessions Case No. 86 of 1998, whereby the respondent-accused was acquitted of the offence punishable under Sec. 376 of the IPC, the appellant-State has preferred the present Criminal Appeal under Sec. 378 of the Code of Criminal Procedure, 1973.

(2.) The brief facts leading to the filing of the present appeal are as under:

(3.) Upon completion of investigation, the Investigating Officer filed a chargesheet before the competent Court. As the offence under Sec. 376 IPC was triable exclusively by the Court of Sessions, the case was committed to the Sessions Court and registered as Sessions Case No. 86/1998. The learned Sessions Court framed charge under Sec. 376 IPC, to which the accused pleaded not guilty.