STATE OF GUJARAT Vs. CHAMAR MUKESHBHAI REVABHAI

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 15.4.2005 rendered by learned Additional Sessions Judge, 3rd Fast Track Court, Patan in Sessions Case No.609 of 2002.

(2.) The short facts giving rise to the present appeal are that ten months prior to the incident, the respondent accused and the husband of the niece of the complainant approached the complainant and requested him to arrange for an accommodation as the accused has got the work of construction of toilets for Khadi Gram Udyog Gurukrupa Seva Sanstha, Chacharia, Taluka Kheralu. Therefore, the complainant arranged for accommodation for the accused adjoining to his house. It is alleged that as the accused was making some gestures towards his daughter, the complainant asked the accused to vacate the said accommodation. It is alleged that on 19.12.1999, the complainant s daughter Madhu went to the market for purchasing milk in the morning, but she did not return after a long time. Therefore, the complainant made inquiry and came to know that his daughter was abducted by the present accused. Hence, the complaint came to be lodged against the respondent accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.