STATE OF GUJARAT Vs. RAMESHBHAI GABHJRUBHAI SABHAYA

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 29.8.2006 rendered by learned Additional Sessions Judge, First Fast Track Court, Amreli in Sessions Case No.83 of 2005 whereby learned trial Judge was pleased to acquit the accused for the offences under sections 363, 366 and section 376 of the Indian Penal Code.

(2.) The short facts giving rise to the present appeal are that the accused and the victim are having distant relationship of uncle and niece and while the prosecutrix accompanying with the accused for carrying her to the residence of her real sister at Surat from Chalala to Surat in luxury bus of Hansh Travels where the accused was driver who got down along with the prosecutrix at Dhasa and took away her to the road leading to Amreli to Babra and under the bridge, during nocturnal hours on 24.5.2005, committed sexual intercourse against her will and thereby committed the offence as alleged.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.