STATE OF GUJARAT Vs. VINOD VANAJI CHAUDHARI

JUDGEMENT

(1.) THIS appeal is preferred by the State under Section 378(1)(3) of the Code of Criminal Procedure against the judgment and order delivered by Additional Sessions Judge, 5th Fast Track Court, Ahmedabad on 15.9.2006 in Sessions Case No.222 of 2005, whereby the present opponent came to be acquitted for the charges levelled against him under Sections 363, 366, 376 of the Indian Penal Code.

(2.) THE complaint reveals the prosecution case that the complainant Sunitaben Chandubhai Rathod has two daughters; one named Sonia aged 19 years who is residing in Santoshinagar and the other named Mona aged about 17 years who was studying in 10th standard in Uma Sikshan Tirth School. On 29.9.2004, the complainant went to Bhavnagar to see her sister Darshana. On 14.10.2004 at about 9.00 p.m., in the night, her elder daughter called her and informed her that her younger daughter Mona has gone somewhere in the afternoon and did not return. Therefore, she returned on 15.10.2004 at about 12.30 in the afternoon and tried to find her out. As she was not found, she filed a police complaint after two -three days. During the investigation, it was found that one Vinod Marathi used to come to the house of the victim -Mona who is residing at Saijpur chali. On inquiry about Vinod, it was found that he is also missing. Therefore, a suspicion arose that this Vinod has taken Mona with him. On 20.10.2004, Mona came to her house in the night and on asking her, she stated that one Vinodbhai Vanabhai Chaudhary loves her and she also loves him. He took me to Maharashtra by saying that he shall marry me and there they stayed in his friend's house where they had sexual intercourse for two -three times in the night. She also stated that she loves him since last five months and prior to this incident also, he used to take her to a guest house near Mota Chiloda where also they had sexual intercourse. On knowing about this, she filed a police complaint to this effect on the next day. The complaint was registered in Sardarnagar Police Station, investigation was carried on and on the evidence being collected, the accused was arrested and the charge sheet was filed in the court of learned Metropolitan Magistrate Court. As the offence under Section 376 of the Indian Penal Code was exclusively triable by the Court of Sessions, the said case came to be committed to the Court of Sessions. The charge in the above said offence came to be framed against the accused vide Exh.1 and the accused pleaded not guilty and claimed to be tried. Further statement of the accused was recorded under Section 313 of the Criminal Procedure Code.

(3.) THEREFORE , prosecution tendered the evidence to prove its case and examined as many as 15 witnesses, while voluminous documentary evidence was also produced by the prosecution on record.