STATE OF GUJARAT Vs. CHANDUBHAI SENDABHAI PATANI

JUDGEMENT

(1.) The present acquittal appeal has been preferred by the State under Section 378 of the Criminal Procedure Code, 1973 (In short "The Cr.P.C") challenging the judgment and order dated 10.01.2003 passed by learned Special Judge, City, Civil & Sessions Court No.20, Ahmedabad in Atrocity Criminal Case No.11 of 2002 by way of the impugned judgment and order, the present respondent no.1 - original accused has been acquitted for the charge under Sections 363, 366, 376 of the Indian Penal Code (Hereinafter referred as the 'IPC') and Sections 3(1), 3(11) and 3(12) of the Scheduled Castes and Scheduled Tribes (Prevention of the Atrocities) Act, 1989 (Hereinafter referred as the 'Atrocity Act').

(2.) The short facts of the prosecution case reads as under:

(3.) It is the case of the prosecution that on 21.10.2001, at around 01:30 A.M., the accused has kidnapped Parvatiben, minor daughter of the complainant - Gopalbhai Viththalbhai Parmar from his lawful guardianship and by giving false temptation and promise of marrying with her and with intention to seduce her, took the victim away and kept her in a guest house at Palanpur and at Jantanagar from 21.10.2001 to 07.12.2001 and during that period, he had sexual intercourse with the victim and thereby committed the offence under Sections 363, 366, 376 of the IPC and Sections 3(1), 3(11) & 3(12) of the Atrocities Act and for that, the complaint came to be given by the complainant - Mr. Gopalbhai Parmar before the Odhav Police Station on 07.12.2001 vide first C.R. No.430 of 2001.