VADILAL UNZABHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE learned counsel appearing for the applicant is not present when called out. Today this Court could have dismissed this Revision Application for want of prosecution, however, on perusal of the papers, the Court finds that the present Revision Application needs to be dealt with on merit, more particularly when no formal appeal challenging the acquittal by the respondent -State of Gujarat has been filed and Shri H.L. Jani, learned Additional Public Prosecutor appearing for the respondent -State, is able to assist the Court in reference to the legality and validity of the judgment and order of acquittal under challenge.

(2.) THIS Revision Application is preferred by the orig. complainant -father of the victim -girl and also by the minor victim -girl through applicant no.1 -her father. The applicants have challenged the legality and validity of judgment and order of acquittal passed by the learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No.160 of 1996.

(3.) THE respondent no.2 -orig. accused was facing the charge that on 02nd May 1996 during the time between 03 -00 p.m. and 04 -00 p.m. he committed rape on the applicant no.2 -victim, who was aged about 14 years at the relevant point of time, by dragging her forcibly below the edge of lack near thorny babul bushes and that place is known as 'Dhundhaliya Well' and, thereby he committed offence punishable under Section 376 of the Indian Penal Code.