STATE OF GUJARAT Vs. MEHBUB HABIBBHAI ODIYA

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 06/06/1994, passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 283 of 1993, whereby the respondent herein - original accused has been acquitted of the charges levelled against him for the offence punishable under Section 376 r/w. 511 of the Indian Penal Code, 1860 (for brevity, 'the IPC').

(2.) Facts in nutshell of the prosecution case are that on 23/05/1993 at about 18:45 hours, the respondent herein - original accused, brought the victim, the daughter of complainant Kanuben @ Nilamben Kantilal Dave, aged about six years, in his room and tried to commit rape on her and thereby, the respondent - accused committed the offence, alleged against him, for which, a complaint came to be lodged against the accused for the offence punishable under Sections 376 r/w. Section 511 of the IPC.

(3.) We have heard Mr. Hardik Soni, learned Additional Public Prosecutor for the appellant - State and Ms. E. Shailaja, learned advocate for the respondent - original accused.