STATE OF GUJARAT Vs. ASHISH SADGUNBHAI PARMAR

JUDGEMENT

(1.) The present application under Section 378 (1)(3) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.' for short), seeking leave to Appeal, is preferred by the State to challenge the judgment and order of acquittal dated 30.1.3018 passed by the learned 3rd Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in Sessions Case No. 185 of 2014, whereby and whereunder, the respondent accused is acquitted of the offences punishable under Sections 376, 294(Kh) and 506(1) of the Indian Penal Code (for short 'I.P. Code').

(2.) Brief facts of the present case are as under :

(3.) We have heard Mr. J.K. Shah, learned APP for the State. Mr. Shah, learned APP vehemently submitted that prosecutrix has consistently stated in her statement before the Police and in her oral evidence on oath before the Court that she had accompanied the respondent accused to Delhi, where they stayed in hotel and shared the same room. She has further stated in her evidence that the respondent accused asked her to have sexual favour, to which, she declined as they had not married so far. While however, the respondent accused induced and enticed her to have sexual relationship on the ground that soon they were going to get marry and there is no harm. Mr. Shah, learned APP vehemently submitted that there are no material worth the name in evidence of prosecutrix and her statement before the police, which would discredit the prosecutrix and therefore, the learned trial Judge has fall in error in acquitting the respondent accused on the ground that having sex on promise of getting marry is not covered under Section 376 of the I.P. Code, therefore, urges that present application be allowed and leave may be granted to question the judgment and order of acquittal passed by learned trial Judge.