STATE OF GUJARAT Vs. DHANJI MOHAN PATEL

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 25th September 1987 passed by the learned Additional sessions Judge, Junagadh in Sessions Case No. 91 of 1986 whereby the accused was acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by learned APP that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence. He has submitted that the prosecutrix had narrated the whole incident to her brother-in-law immediately after the incident and her evidence was quite believable. He further submitted that the delay was caused in lodging the complaint due to various reasons including the fact that the husband of the prosecutrix was mentally imbalanced. He further submitted that in view of the evidence of the prosecutrix on oath the prosecution was able to establish the case against the accused beyond doubt.