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K.S.JHAVERI, K.J.THAKER
State of Gujarat – Appellant
Versus
Odhavjibhai and Odho Khetabhai Makwana – Respondent


Advocates:
Counsel for the Parties:
For the Appellant No.1: Ms. C.M. Shah, Public Prosecutor.
For the Opponent/Respondent No. 1:Mr. Tulshi R. Savani, Advocate.

JUDGMENT

Mr. K.S. Jhaveri, J.—By way of this appeal the appellant State has challenged the judgment and order of the learned 3rd Additional Sessions Judge, Bhavnagar, Camp at Mahuva, Dated 15.2.2012, rendered in Sessions Case 112 of 2009, whereby, the learned trial Judge acquitted the original Accused No. 1 the opponent herein, of the charges for the offence punishable under Sections 363, 366, 376 read with Section 114 of the Indian Penal Code.

2.The brief facts of the case of the prosecution, as set out before the trial Court, reads as under.

3. A complaint came to be lodged by the father of the prosecutrix with Talaja Police Station, wherein, he stated that he is residing at the address given in the complaint alongwith his wife and children and out of them, the prosecutrix was the eldest. Then, the complainant went on to narrate the alleged offence stating that on 3.2.2009, at about 3.00 a.m., while the complainant, his wife and children were sleeping near their house, the opponent, herein, came there and allured the prosecutrix and run away with her on his motorcycle. On registration of the offence, police carried out the investigation, and since, prima facie evidence were found

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