STATE OF GUJARAT Vs. BHAGUBHAI NARSAIBHAI PATEL

JUDGEMENT

(1.) PRESENT appeal has been filed by the State of Gujarat against the judgment and order of acquittal dated 5.5.1987 passed by the learned Sessions Judge, Navsari in Sessions Case No.42 of 1986.

(2.) IT is the case of the prosecution that on 9.4.1986, Anitaben PW 3 has filed filed an FIR stating inter alia that she is staying with Kikiben, her mother and sister Sangitaben aged 8 years. Her father expired long back and her mother is staying with respondent accused Bhagubhai Narsaibhai Patel, who intends to marry her. He has once taken her to Palghar and then after to Nashik and, there, he had attempted to outrage her modesty.

(3.) THE learned Additional Public Prosecutor contended that the learned Trial Judge ought not to have acquitted the respondent accused because there is ample evidence on record to connect the respondent accused to the charge framed against him. He contended that there is an admission about guilt before Anitaben PW 3. Namlabhai PW 4 is the witness of last seen together. Moreover, before Anitaben, only the deceased had given oral dying declaration, which is supported by Rekhabhai PW 5.