STATE OF GUJARAT Vs. MAHIPAT ALIAS PARSHOTTAM BACHUBHAI

JUDGEMENT

(1.) The State has challenged the judgment of acquittal under Sec. 378 of the Code of Criminal Procedure, 1973 passed by the learned Additional Sessions Judge, Rajkot at Gondal in Sessions Case no.114/96 dtd. 13/11/1997.

(2.) The charge against the accused was drawn under Ss. 376 and 506(2) of the Indian Penal Code, 1860 (hereinafter referred to as "IPC" for short) on the ground that on 21/3/1996 at about 23.30 hrs., at Juni Megani, Kotda Sangani Taluka, the accused, with the criminal intention, had committed rape on the minor daughter of Govindbhai Jekabhai. The victim was taken to a field near Pethapir Dada ni Sod. Even prior to the incident, in the outskirts of Juni Megani, the accused had forcibly committed the offence of rape in the field besides the field of the accused during night hours. Further, on that day and time, the accused had threatened the victim girl to do away with her life as well as her brother's life.

(3.) Learned APP Ms. Jyoti Bhatt, aggrieved by the judgment of acquittal, submitted that the learned Trial Court Judge has not fully appreciated the fact that the victim's deposition is supported by the deposition of the prosecution witnesses as well as the medical evidence. Ms. Bhatt, learned APP submitted that the age of the victim girl as fourteen and a half years has been proved by the testimony of the victim herself, the mother Ramaben Govindbhai, father Govindbhai Jekabhai and other two witnesses Babubhai Devjibhai and Harunbhai Ismailbhai. Ms. Bhatt, learned APP submitted that Babubhai Devjibhai Vasoya was the Talati- cum-Mantri and Harunbhai Ismailbhai was examined as Principal of the Primary school who both have proved the birth date of the victim as 18/8/1981, which gets verified from the register maintained by the Talati-cum-Mantri as well as the school leaving certificate. Ms. Bhatt, learned APP submitted that the deposition of Dr. Ravjibhai Parbatbhai at Exh.9 proves the possibility of sexual intercourse and submitted that the FSL report has not been properly appreciated.