STATE OF GUJARAT Vs. BABU ALIAS RONI MANILAL

JUDGEMENT

(1.) The Appellant State of Gujarat is aggrieved by the acquittal judgment of the respondent-accused Babu @ Roni Manilal rendered by the learned Additional Sessions Judge Bhavnagar in Sessions Case No. 102 of 1984 acquitting the respondent-accused of the charges under secs. 363 366 and 376 of the Indian Penal Code.

(2.) The facts shortly stated are that the prosecutrix Bai Minakshi daughter of Maganlal Bhikhabhai of village Rajpara had gone on 9 at about 4-00 p. m. to the dispensary of Dr. Patel for being treated for fever diarrhoea and vomit. She was accompanied by her sister Jyotsna. However Jyotsna returned alone and told her mother Parvatiben that Minakshiben the prosecutrix was admitted in the hospital and she had asked her to convey that her father should go to look after her health the next day. Therefore Parvatiben on the next day went to Dr. Patels dispensary at Talaja to inquire after Minakshiben but Dr. Patel told her that he had administered injection to Minakshiben and had allowed her to go she was not admitted in the hospital. Thereafter Parvatiben inquired at other dispensaries. She then informed the Police Station that her daughter had gone away to some place. The information was given at the Police Station by Parvati on 10 In that it was not stated that she was kidnapped but that she had run away to some unknown place. On 12-7-1984 Parvatiben gave a second complaint at the Talaja Police Station to the effect that her servant Babu who was working in her lodge had enticed her daughter Minakshiben away with a view to having sexual intercourse with her. Parvatibens husband Maganlal came to know that she had gone to village Mandal in Viramgam taluka. Police then investigated the complaint. With the rest of the details as regards investigation we are not very much concerned in this judgment.

(3.) Mr. M. A. Bukhari the learned Additional Public Prosecutor took us through the evidence in the matter and particularly the evidence of Dr. Patel P. W Exh. 7. Dr. Jayshriben (P. W. 4 Exh. 9) Dr. Mahendrakumar Prabhudas (P. W. 5. Exh. 25). Dr. Nareshbhai Amrutlal (P. W. II Exh. 28) who proved an entry in the school register as well as an entry in the Vahalipatrak as well as the evidence of Maganlal Bhikhabhai father of the prosecutrix P. W. 12 Exh. 31 and Parvatiben Maganlal P. W. 6 Exh. 18. He also read out the relevant portions of the judgment of the trial Court.