STATE OF GUJARAT Vs. ANOPSINH DHULSINH CHAUHAN

JUDGEMENT

(1.) INSTANT appeal is preferred by the State under Section 378 of the Criminal Procedure Code against the judgment and order of acquittal dated 31.03.2005 rendered by the learned District Judge, Vadodara in Sessions Case No.163 of 2004, whereby the present respondent being accused of the Sessions Case came to be acquitted by the learned trial Court for the offences punishable under Sections 363, 376, 312 of the Indian Penal Code.

(2.) LEAVE to appeal granted. Appeal is admitted. Mr.S.P.Majmudar, learned Advocate requested the Court to hear the appeal finally as the Record and Proceedings from the learned trial Court is available with us and that they would assist the Court with extra copies of the evidence and documents produced before the learned trial Court. Request is granted and the appeal is heard finally.

(3.) AS per the prosecution case, complainant Devikaben @ Devkiben Raval filed a complaint before Savli Police Station being C.R.No.I -70 of 2004 against the respondent herein original accused for the offences under Sections 363, 376, 312 of the Indian Penal Code alleging inter -alia that on 04.06.2004 at about 1.30 hrs, the respondent accused Anopsinh Dhulsinh Chauhan had taken minor Devikaben in the sim of Village Mevli under the guise of giving more wages. It was further the case of the prosecution that at the relevant point of time victim Devikaben was aged about 17 years and the respondent had committed rape on her without consent and thereby committed offences. It was further the case of the prosecution that the respondent accused was committing rape on her at regular interval of four to five days and lastly he committed rape on her on last Navratri and due to that she became pregnant. Therefore, the complainant informed the accused person on 01.06.2004 and he advised to take medicines and white peper and on 03.06.2004 at late night she got pain and after that she delivered dead child and thus it was alleged that the respondent has committed the offences under Sections 363, 376, 312 of the Indian Penal Code.