STATE OF GUJARAT Vs. JITUMAL TEJUMAL RAMANI

JUDGEMENT

(1.) The present appeal under Sec. 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 07.03.2005 passed by the learned Additional Sessions Judge, Fast Track Court No. 5, Bhavnagar in Sessions Case No. 156 of 2004, whereby, the learned trial Judge acquitted the original accused - the respondent herein of the charges for the offence punishable under Sec. 363 and 366 of the Indian Penal Code.

(2.) The brief facts of the prosecution case is that the complainant Jawaharbhai Parimal Choithani who was serving had three sons, out of which the eldest was married, and he had a daughter. It is the further case of the prosecution that his daughter was aged 17 years and unmarried and her date of birth is 13.03.1986. The accused was running a bakery who had come on 12.03.2003 in the afternoon hours induced the daughter of the complainant and thereby kidnapped her. The complainant was scared as it was the question of reputation of the family. However again after his daughter returned back on 12.05.2003 between early morning 11:00 to 12:00 o'clock when the complainant had gone to Bazar and his wife had gone for worshipping, the accused called his daughter and again induced him to run away with him. Thereafter complaint has been filed by the complainant against the accused. The police started the investigation with lodgment of an FIR being C.R. No. 1 - 177 of 2003 registered with "A" Division Police Station, Bhavnagar. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was laid against him in the Court of learned Magistrate, Bhavnagar. As the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was numbered as Sessions Case No. 156 of 2004. The trial was initiated against the respondent -accused. To prove the case against the present accused, the prosecution has examined 11 witnesses and also produced documentary evidence.

(3.) At the end of trial, after recording the statement of the accused under Sec. 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned trial Judge acquitted the respondent of all the charges leveled against him by judgment and order dated 07.03.2005.