STATE OF GUJARAT Vs. BHUPATSINH DANUBHA JADEJA

JUDGEMENT

(1.) Judgement and order dated 31.05.2005 passed by learned 6th Fast Track Court Judge, Gondal In Sessions Case No. 59 of 2001 recording the acquittal for the respondent for the offences punishable under Sections 306, 352, 506(2), 452 of the Indian Penal Code ( for short 'IPC') is questioned in this appeal under section 378 of the Code of Criminal Procedure ( for short 'Cr.P.C').

(2.) The respondent was charged with his having broken into the house of deceased Manjuben while she was alone in the night at 1.30 a.m. 20 days before 16.11.2000, he had held her shoulders and attempted to rape her and threatened her of dire consequences if the incident was disclosed by her. The deceased therefore doused herself in the kerosene and ignited herself at about 8 a.m on 16.11.2000. The respondent was also charged with as having committed, a criminal trespass and assaulted the modesty of the deceased.

(3.) It is the prosecution case that though the incident had taken place 20 days before 16.11.2000, no immediate FIR came to be filed as the complainant was under the threat of the respondent-accused. It is also the prosecution case that during the said 20 days, the respondent frequently visited the complainant/her husband and threatened them of dire consequences if the incident was disclosed anywhere; however eventually when the harassment by the respondent could not more be borne by the deceased, she consumed her life as indicated above.