STATE OF GUJARAT Vs. THAKOR HARCHANDJI GELAJI

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 16.6.2005 rendered by learned Special Judge, 3rd Fast Track Court, Patan in Special Atrocity Case No.244 of 2002.

(2.) The short facts giving rise to the present appeal are that complainant Jaliben Jayantibhai Vankar was doing mason work with her husband at Ahmedabad. It is alleged that on 23.1.1998, she started from Ahmedabad and reached at Sami village alone and when she was going towards the village, at that time, the respondent accused came suddenly and caught her hand and dragged her to the push. It is alleged that the accused has tried to molest her but at that time the respondent accused pointed out the knife. It is alleged that the complainant felt that the respondent accused would criminally assault her, she shouted. At that time, one Dineshbhai Pashabhai Vankar came to the scene of offence. Thereafter, she came to her matrimonial home and talked about the same to her father-in-law and sent message to her husband. 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.