- (1.)By way of this appeal, the appellantState of Gujarat has challenged the judgment and order dated 31.05.2005, passed by the Additional Sessions Judge, Fast Track Court No.1, Bhavnagar, in Sessions Case No.19 of 2004, whereby the Trial Court has acquitted the respondent hereinoriginal accused for the offence punishable under Sections 363, 376, 302 of the Indian Penal Code (for short "the I.P. Code").
(2.)A complaint was filed by the complainantBaghabhai Lakhubhai, inter alia alleging that the respondentaccused was working as a servant in the house of the complainant. It is alleged in the complaint that on 12.10.2003, the mother of the complainant and his wife had gone out of station for social work. The complainant and other family members were working in the field. At about 2 pm. when the complaint came to his house for taking meal, he did not find his minor daughter and the respondentaccused and therefore, he started searching his daughter and the respondentaccused. On the next day, the dead body of minor daughter of the complainant was found in a naked condition. It is also alleged that there were injuries on the private parts of the deceased. Hence, the complaint was filed against the respondentaccused.
(3.)The investigation was taken up and after usual investigation, chargesheet came to be filed against the accused person. The offence committed by the accused person were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Bhavnagar, under Section 209 of the Code of Criminal Procedure, 1973, where it was registered as Sessions case No.19 of 2004. Charge vide Exhibit8 came to be framed against the accused. He pleaded not guilty and claimed to be tried.
3.1. In order to bring home the charge against the accused persons, the prosecution examined the following witnesses:
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