STATE OF GUJARAT Vs. RAMANBHAI TRIKAMBHAI MAYAVANSHI

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgement of acquittal recorded by the learned Additional Sessions Judge, Vadodara dated 16.10.1993 in Sessions Case No. 89 of 1993.

(2.) Briefly stated, the prosecution version was that the daughter of the complainant, hereinafter referred to as the victim, was below 16 years of age. The accused no. 1, Ramanbhai Trikambhai Mayavanshi with the aid of his friend - accused no. 2 - Govindbhai Ishwarbhai Parmar forcibly kidnapped the victim at about 03.30 in the afternoon on 18.04.1992 when the victim had gone to fetch water at the village outside her house. The two accused forced her to sit in an autorickshaw and then took her to an isolated place in the ravines where the three spent a few days before the accused no. 2 left them. The accused no. 1 and the victim then went to the house of Jashodaben, sister of accused no. 1 at village Mogri from where the two were found by the complainant and his relatives. During such time, according to the prosecution, the victim was also raped by accused no. 1. A charge to this effect was framed at Ex. 1 alleging that the accused no. 1 was the principal offender of offences punishable under sections 363, 366, 376 Penal Code and against accused no. 2, these offences were charged with the aid of section 114 IPC.

(3.) Dr. Rajesh Tandon, P.W. 1, Ex. 8 had carried out the physical examination of accused no. 1. He had found him to be physically mature and able to perform sexual intercourse.