STATE OF GUJARAT Vs. ISMAIL HASAMBHAI KABAVALIYA

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 22/02/1996, passed by the learned Additional Sessions Judge, Rajkot, in Sessions Case No. 122 of 1994, whereby the respondent - original accused has been acquitted of the charges levelled against him for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 'the Atrocity Act').

(2.) Brief facts of the prosecution case are that on 12/04/1994 the respondent herein - original accused allegedly abducted the victim aged less than 16 years from the lawful guardianship of her parents without their consent by giving her some temptation and kept her with him at Veraval from 12/04/1994 to 08/05/1994 and committed rape on her forcibly. Thus, the respondent - accused committed the alleged offence for which, a complaint came to be lodged against him for the offences punishable under Sections 363, 366 and 376 the IPC and Section 3(i)(x) of the the Atrocity Act.

(3.) We have heard Ms. Shruti Pathak, learned Additional Public Prosecutor, for the appellant - State and Mr. Ekant Ahuja, learned advocate for the respondent - original accused.