STATE OF GUJARAT Vs. BHARWAD RAJU RAGHAV

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the State of Gujarat under section 378 of CrPC against the judgment and order of acquittal dated 28.01.1986 passed by the ld. Sessions Judge, Rajkot in Sessions Case No. 25/1985, whereby the ld. Trial Judge acquitted the respondent accused for the offence punishable under section 376 of Indian Penal Code.

(2.) The respondent accused was tried for the offence punishable under section 376 of Indian Penal Code (IPC for short) on the strength of one complaint filed by the father of the victim girl namely Dhirajlal Bhimjibhai Sagar being CR No. 160/1985 registered with Rajkot City "B" Division Police Station. According to the prosecution, the offence of rape has been committed by the respondent accused on 18.06.1985 between 8.00 a.m. and 8.30 a.m. Victim girl is allegedly raped by the respondent accused who was aged about 7 to 8 years of age. Her mother had sent her to purchase butter milk at Ranchhodnagar society of city of Rajkot. When she was returning, she was stopped by the accused and was taken behind one iron cabin lying near Kirodimal Pulse Mill and she was raped. The victim girl thereafter returned home with bleeding vagina and she informed her mother about the incident occurred and narrated about the events that had occurred with her. According to the prosecution, the victim girl was not knowing the accused as they had no past acquittance with the accused. She the victim girl has described the offender as a person wearing red bushirt. Considering the seriousness of the situation, prosecution witness Jashuben-mother of the victim girl and wife of the complainant rushed to the spot indicated by the girl i.e. place of incident and tried to inquire and to trace the culprit, but she could not get the details or description of the accused. Thereafter, she took the victim girl to Rajkot Zanana Hospital popularly known as Rasulkhanji Hospital which is a government hospital. Dr. Vaidya of Zanana Hospital informed Rajkot City "B" Division Police Station that one girl named has come to the hospital for treatment with a history of a rape committed on her. That information was recorded by the Police Station Officer of the said police station in Station Diary vide Entry No.15 at about 11.55 a.m. and PSI Shri Parmar was informed who in turn reached the hospital where the victim girl was admitted and taking treatment. On arrival of the father of the victim girl, he recorded FIR. After registering the offence, the police investigated the crime and it is the say of the prosecution that the person who committed the offending act described as a person wearing red bushirt, is the person accused. The accused was also sent for medical examination.

(3.) On completion of investigation, the police chargesheeted the accused and ld. Trial Judge after appreciating the oral as well as documentary evidence led by the prosecution, acquitted the accused. This order of acquittal is assailed on various grounds by the State saying that the findings recorded by the ld. Trial Judge are based on improper and illegal appreciation of evidence and findings are perverse. It was not possible in the present case to record any finding other than the guilt of the accused. It is the say of the State that the trial, because of legal as well as factual errors committed by the ld. Trial Judge while appreciating the evidence, has resulted into acquittal. The ld. Trial Judge has discussed the evidence in detail and while recording the acquittal, assigned reasons, mainly if stated in brief, are :-