STATE OF GUJARAT Vs. HARISHBHAI KANJIBHAI SATVARA

JUDGEMENT

(1.) The present Acquittal Appeal has been filed by the State under Sec. 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dtd. 20/2/1999 passed by learned Additional Sessions Judge, Morbi (hereinafter referred to as "the Trial Court") in Session Case No. 87 of 1998. By way of the impugned judgment and order, the accused has been acquitted for the charges levelled against him under Sec. 376 of the Indian Penal Code, 1860.

(2.) The complainant registered an FIR on 29/7/1998 at about 18:30 hrs. with Morbi Taluka Police Station for the alleged offence of rape committed by the accused to his younger daughter (hereafter referred to as 'victim girl') on 4/7/1998.

(3.) We have heard learned Additional Public Prosecutor, Mr. L.B. Dabhi at length, who has taken us through various oral evidence as well as documentary evidence, which are on record. We have independently examined and appreciated