STATE OF GUJARAT Vs. RAMESHBHAI SHANABHAI MACHHI

JUDGEMENT

(1.) The present appeal, under Sec. 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 10.11.1995 passed by the Additional Sessions Judge, Vadodara in Sessions Case No. 192 of 1994 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that on 11.01.1994, at around 09.00 pm while the complainant was sitting on the sit -out near his house, his sister - prosecutrix went to attend natural call. However, since she did not return after quite some time, he started frantic searches for her. It is the case of the prosecution that the next day they cam to know that the accused was also missing from his house. Finally the accused and prosecutrix were traced by the relatives of prosecutrix from Ambay bus stand. It is the case of the prosecution that the accused ran away but the prosecutrix told them that the accused had given him false promises of marriage and had sexual intercourse with her. A complaint was therefore lodged against the accused. Pursuant to the complaint, investigation was carried out. After investigation, charge -sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. Pathak, learned APP appearing for the appellant -State has submitted that the trial court committed an error in releasing the respondent -accused. It was contended by Ms. Pathak that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.