STATE OF GUJARAT Vs. RANCHHODBHAI BHANGADABHAI BHIL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order of acquittal passed by the Court of learned Additional Sessions Judge, Vadodara in Sessions Case No. 169 of 1998 dated 3.4.1999, the State has preferred this Appeal under Section 378(1)(3) of Criminal Procedure code, 1973.

(2.) The brief facts of the prosecution case is that the accused had married to prosecutrix's sister Kantaben five years before the incident. It is alleged in the FIR filed by the prosecutrix that 5 to 6 months prior to the 15.3.1998 i.e. before filing of FIR, the accused along with his wife came to the house of the complainant and that at late night, the accused awakened the complainant and induced the complainant to accompany him, and by walking reached Sandhaliya village and from there reached village Nasvadi by Tempo. The accused took the prosecutrix to various places and he committed intercourse with the prosecutrix against her will and also threatened her at the point of knife. With all these allegations, the FIR came to be lodged. After due investigation and having found sufficient evidence, the Police has filed charge- sheet before the learned JMFC Court. As the case was triable by the Sessions Court, the learned JMFC has committed the case to the Sessions Court wherein it was registered as Sessions Case No.169 of 1998.

(3.) After recording the evidence of the prosecution, the learned Sessions Judge has recorded further statement under Section 313 of the Criminal Procedure Code and the accused wherein has submitted that he has not committed any offence. After perusing the evidences and hearing both the sides, the learned trial Court has acquitted the accused from the charges under Section 363, 366, 376, 506(2) of the IPC.