STATE OF GUJARAT Vs. MANIYABHAI MOHANBHAI

JUDGEMENT

(1.) This is an appeal filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 23.5.1986 passed by the Assistant Sessions Judge, Vadodara in Sessions Case No.145 of 1984, whereby the Assistant Sessions Judge had acquitted the accused from the offence punishable under Section 376 of the Indian Penal Code.

(2.) The short facts giving rise to this appeal are such that :

(3.) On the basis of the complaint, the Investigating Officer completed the investigation and filed the charge sheet for the offence punishable under Section 376 of the Indian Penal Code. As the offence under Section 376 was exclusively triable by the court of Sessions, the learned Magistrate committed the case to the Court of Sessions, Vadodara. The Assistant Sessions Judge framed the charge for the offence punishable under Section 376 of the Indian Penal Code against the accused and on the charge being read over to the accused, he pleaded not guilty and claimed to be tried and after recording the evidence and hearing the learned counsel for the parties, the learned Assistant Sessions Judge acquitted the accused for the offence punishable under Section 376 of the Indian Penal Code against which the present appeal is filed.