STATE OF GUJARAT Vs. KHANDU MALU BHIL

JUDGEMENT

(1.) By way of the present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code"), the appellant State of Gujarat has challenged the judgment and order dated 23.03.1994, passed by the learned 4th Extra Assistant Judge, Vadodara ("the Trial Court"), in Sessions Case No.17 of 1993, whereby the respondent original accused has been acquitted of the charge under Sections 363, 366 and 376 of the Indian Penal Code, 1860 .

(2.) The case of the prosecution, in brief, is that in the year 1990, the victim who was a resident of Village Tokariya Jiran, District: Jhabua, Madhya Pradesh, came with her cousin brother Idabhai (PW4) to Village Parekha, Taluka: Dabhoi, Gujarat, in order to do labour work. They used to live in the open plot near Dabhoi Railway Station and do labour work in the field of one Girishbhai Patel. On the day of the incident, the respondent herein, accompanied by four other persons, including Muversinh and Gamji, who were known to the victim, came there. The respondent threatened the victim with a Paliyu (a weapon) and took the victim away. PW4 informed the parents of the victim about the incident and on 13.06.1990, a search warrant to look for the victim was issued by the Sub Divisional Magistrate, Alirajpur (M.P.), which was sent to the Police personnel at Indore. An FIR (Ex.15) was lodged in this regard at Police Station Bhabhara.

(3.) As the incident took place at Village Parekha, Taluka: Dabhoi, the necessary papers such as the FIR and papers of the medical examination of the victim along with Muddamal Petticoat were sent to Dabhoi Police Station, District: Vadodara, which were received by Dabhoi Police Station on 12.10.1990. An offence, being C.R.No.I248/ 1990, was registered and further investigation was commenced. The Muddamal Petticoat of the victim was taken into custody by a Panchnama at Ex.12. Statements of witnesses were taken and the respondent was arrested. The victim was sent for medical examination and the medical certificate in this regard at Ex.7 was issued. Apart from the present respondent, the other persons who allegedly participated in the incident were not found. As the prosecution garnered sufficient evidence against the respondent, a Chargesheet was submitted against him in the Court of learned Judicial Magistrate, First Class. The case being Sessions triable, the learned Magistrate committed it to the Sessions Court, Vadodara, for Trial. The Sessions Court framed the Charge at Ex.3 against the respondent who denied the allegations against him and claimed to be tried. Accordingly, the case was put to Trial.