STATE OF GUJARAT Vs. ABHU JUMA MUSALMAN

JUDGEMENT

(1.) THE present appeal has been filed by the State against the judgment and order of acquittal dated 12.1.1987 passed by the learned Assistant Sessions Judge Kutch - Bhuj, in Sessions Case No. 20 of 1985.

(2.) IT the case of the prosecution that on 7.4.1983, the prosecutrix lodged a complaint stating, inter alia, that she is resident of village Devadia of Taluka Anjar and she is staying with her husband and in -laws in the said village. Her in -laws are in agriculture and she is helping them in their work. On the said day, somewhere between 10.00 a.m. to 1.00 p.m., while she was going to her fields for giving meal to her husband, the respondent accused came on cycle and held her by his hands and thereafter, she fell down on the floor and thereafter he committed forcible sexual intercourse. Thereafter, with great difficulty, she reached to her husband and reported about the same. Since her father -in -law had gone out to Anjar town, upon his returning in the evening, she had come to lodge the complaint.

(3.) AFTER completion of the investigation, chargesheet was filed against the respondent accused. Thereafter, the case was committed to the Court of Sessions. Thereafter, charge was framed for the offence under Section 376 of the Indian Penal Code. The accused did not plead guilty and, therefore, he was put to the trial.