STATE OF GUJARAT Vs. MIHIRBHAI DEVENDRABHAI RANA

JUDGEMENT

(1.) By this application, the applicant - original complainant - respondent seeks leave to appeal under section 378 (1) (3) of the Code of Criminal Procedure, 1973, (hereinafter referred to as the "Cr.P.C") against the judgment and order of acquittal dated 27.12.2017 passed by the learned Sessions Judge, Bharuch (herein after referred to as "the trial Court"), in Sessions No.28 of 2016, whereby the trial Court has acquitted all the accused from all the Charges of the alleged offences punishable under Sections 376, 406 and 114 of the Indian Penal Code (herein in referred to as "IPC").

(2.) Briefly stated the prosecution case is that the complainant / victim had filed the F.I.R. against present respondents at Bharuch 'C' Division Police Station, which was registered as I - C.R. No.227 of 2015 for the offences punishable under sections 376, 406 and 114 of the Indian Penal Code on 07.12.2015. The prosecution case in nutshell is that the present respondent - accused no.1 who got introduction with the victim through facebook, and thereafter, obtained her contact number, and thereby, started interaction with her and by giving inducement of getting married with her committed rape on her on several occasions at different places. It is also the case of the prosecution that the accused nos.2 and 3 also helped accused no.1 in doing such act and it is the case of the prosecution that engagement was done with victim by accused no.1. However, the same was broken and thus, the accused with aid and abetment of each other committed offence and accused no.1 committed rape on her, and thereby, the accused, with the help of each other, committed the aforesaid offence.

(3.) Pursuant to the complaint, the investigating officer carried out the investigation by drawing various panchnamas and recorded the statements of different witnesses and upon conclusion of the investigation submitted a charge-sheet before the 6th Additional Civil Judge and Judicial Magistrate First Class, Bharuch, and thereafter, the said case was committed to the Sessions Court for conducting the trial.