THE STATE OF GUJARAT Vs. VIDHYASAGAR SUDISHBHAI CHAMAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order of acquittal dated 14.11.2006 passed by the learned Additional Sessions Judge (3rd Fast Track Court), Kheda, at Nadiad (hereinafter referred to as "trial Court") in Sessions Case No. 131/2006 by which the learned trial Court has acquitted the original accused for the offences punishable under sections 363, 366 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), the State has preferred the present Criminal Appeal under section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC").

(2.) The gist of the prosecution story is that on 11.01.2006, when the complainant viz. Mayaben Surendrabhai Pashavan went to market for purchasing vegetables and the father and son of the complainant were on colour work, the respondent accused after giving promise to the victim for marriage ran away with her. The complainant also searched but he could not find out the victim. The complainant informed her husband on his mobile phone regarding the same. The father of the victim also made efforts to search the victim, but she could not be found out. It is also alleged in the complaint that on 13.01.2006, the accused and the victim resided at the house of relative at Surat. Accordingly, the complaint came to be registered for the offences punishable under sections 363, 366 and 376 of the IPC.

(3.) Shri K.P. Raval, learned Additional Public Prosecutor appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the learned trial Court has committed a grave error in acquitting the original accused.