STATE OF GUJARAT Vs. GAUTAM SAROJ ROY

JUDGEMENT

(1.) THIS Criminal Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by Assistant Sessions Judge, Ahmedabad (Rural), Mirzapur, on 30th of November, 1992, delivered in Sessions Case No. 68 of 1992 whereby accused respondent therein came to be acquitted by learned Assistant Sessions Judge for the offences punishable under Sections 363 and 376 of the Indian Penal Code.

(2.) THE basic prosecution case as has been disclosed in the complaint Exhibit -32 as under :

(3.) ON this complaint being filed before PW -11 Amos Rupsinh Kharadi, he recorded the same and Priskila as well as the accused were sent to Civil Hospital at about 9.35 at night and were examined by Dr. Belaben Tribhuvan Patel, PW -7. However, Priskila being of tender age, was not cooperating in examination, it was recommended by Dr. Belaben to have her examined through anaesthesia and, therefore, Dr. Haresh Umedchand Doshi examined Priskila with the assistance of Anaesthetist on 6.2.1992 at about 4.00 p.m. and offered his opinion. Investigating Officer Kharadi after registering the offence, took the charge of the investigation, recorded the statements of the witnesses, draw panchnamas and seized the clothes of Priskila and the accused and forwarded the same to Forensic Science Laboratory. Ultimately, a charge sheet for the above said offences came to be filed in the Court of learned Magistrate and the case was committed to the Court of Sessions. Charge was framed against the accused vide Exhibit -2 on 18.6.1992 and vide Exh. 3 the accused pleaded not guilty and, hence, the prosecution tendered the evidence.