STATE OF GUJARAT Vs. DADABHAI RANABHAI

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned Judicial Magistrate First Class, Bagsara, Vadia in Criminal Case No.258 of 1991, on 19th April, 1994, acquitting the present respondents-accused for the offence punishable under Sections 323, 324, 342, 354 and 114 of the Indian Penal Code.

(2.) It is the case of the prosecution that accused No.1 gave threat to the complainant and tried to commit rape on her and in this regard when the complainant informed the accused No.2, all the accused assembled, armed with stick and cycle chain and gave injuries to the complainant. It is also alleged that accused persons had confined the complainant into the house. It is also alleged that accused gave threat to complainant that if she talked with anyone about the incident, the accused persons kill her. The accused were arrested and on completion of the investigation the accused were charge-sheeted.

(3.) Learned APP, Shri HL Jani appearing for the appellant has taken me through the oral as well as the documentary evidence on record. He has contended that the Trial Court has committed an error by not believing the evidence of the complainant so also the medical evidence.