Bela M. Trivedi,J. - (1.)The appellant original complainant has preferred the present appeal under Section 372 of Cr. P.C., challenging the judgement and order dated 27.09.2019 passed by the 3rd Additional Sessions Judge, Sessions Court, Surat (hereinafter referred to as "the Sessions Court") in Sessions Case No.302 of 2015, whereby the Sessions Court has acquitted respondent no.2 original accused from the charges levelled against him for the offences under section 376 of the Indian Penal Code.
(2.)The case of the prosecution in the nutshell was that victim complainant had lodged one complaint on 06.02.2014 before the Limbayat Police Station alleging inter alia, that in the year 2000 she had married to one Bablubhai Visram Chobe at Bihar and thereafter she had come to Surat with her husband. Out of their wedlock, she had conceived two children. She and her husband were staying in a rented premise, whose owner was Suresh Shukla, however, some dispute had taken place between her and the son of the owner of the house. The respondent accused had intervened and had asked complainant to make settlement. Accordingly, the settlement had taken place. The accused had also helped the complainant in making payment of outstanding dues. It was further alleged that the accused thereafter used to lure the complainant and had made false promises of marrying her and under the guise of said promises had started having physical relations with her. As a result thereof, the complainant had given birth to one child named Aashish. However, thereafter, the accused had not married her and not fulfilled his promises, and had also not made complainant owner of the said flat, as promised. Therefore, the complaint was lodged by the complainant. The Investigating Officer, after completing the investigation and collecting sufficient evidence had laid the chargesheet before the Court of Judicial Magistrate First Class, Surat, which was registered as the Criminal Case No.22558 of 2014. The offence being triable by the Court of Sessions, the said case was committed to the Sessions Court, Surat under Section 209 of Cr.P.C., where it was registered as Sessions Case No.302 of 2015.
(3.)In the instant case, the prosecution to prove the charges levelled against the respondent-accused had examined as many as 15 witnesses and produced documentary evidence, however, the charges against the accused having not been proved beyond reasonable doubt, the Sessions Court has acquitted the respondentaccused.