STATE OF GUJARAT Vs. BHANJIBHAI MANSANGBHAI PATEL

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 31.5.2005 rendered by learned Additional Sessions Judge, 7th Fast Track Court, Palanpur in Special Case No.28 of 2003.

(2.) The short facts giving rise to the present appeal are that the complainant registered the complaint stating the fact that on 4.10.1998 at about 10.30 hours at village Malsan sim, near Talav, while prosecution witness Sitaben was going to her field for agricultural work, the respondent accused chased her and by applying whistle, she was directed to stop. It is alleged that the accused caught hold of her and made illegal demand of having sexual intercourse with her, therefore, the said witness shouted for help and in the meantime, her husband as well as wife of brother of the complainant came to the spot of incident and saved the prosecution witness Sitaben. It is alleged that the accused had also given filthy abuses to the complainant relating to his caste and thereby insulted in public. It is alleged that the respondent accused had also given blow of dhoka to the complainant and caused injuries. Hence, the complaint came to be registered against the respondents 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.