STATE OF GUJARAT Vs. PARUL MANSUKHBHAI PATEL

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973, against the judgment and order of acquittal dated 17.3.2006, recorded by the learned Additional City Sessions Judge, Court No.6, Ahmedabad, in Sessions Case No.354 of 2004.

(2.) It is the case of the prosecution that on 15.12.1995 at about 11:15 a.m., VictimVaishali was preparing chapati, at that time, daughter of the landlordrespondentaccused No.1 came there with prepared vegetable dish. It is the case of the prosecution that the respondent No.1 had administered some stupefying substance in the vegetable prepared by her. The victim ate the vegetable dish and she came under the influence of that substance and lost her consciousness and slept on the cot. At that time, respondent No.2Prashant entered the house and tried to molest her by placing his hand on the body of the complainantVaishali and therefore, she suddenly woke up, thereafter, the respondent No.2 ran away from the scene of the offence. The respondent No.1Parul threatened her that if she informs anyone, she would defame her in society. Accordingly, a complaint for the offences punishable under Sections 328, 354, 452 and 506(1) read with Section 114 of the IPC was filed before Astodia Police Station.

(3.) In pursuance of the aforesaid complaint, the Police recorded the statements of the witnesses and after completion of investigation, filed chargesheet which came to be committed to the learned trial Court. After conclusion of trial and hearing, the learned trial Court acquitted the accused respondents from all the charges levelled against them.