JUDGMENT (CAV)

A.S. Supehia, J.—In the present appeal presented under Section 378 of the Code of Criminal Procedure Code, 1973 (for short, “the Cr.P.C.”), the State has assailed the judgment and order dated 12.07.1996 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in Sessions Case No.18 of 1995 (below Exh.10), wherein and whereby, at the end of the trial, the accused – opponents have been acquitted for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (for short, “the IPC”), since the prosecution has failed to prove its case beyond reasonable doubt.

Brief Facts:

2. The case of the prosecution stems out of the complaint dated 08.04.1994 given by the father of the victim alleging that the opponents accused had taken away his daughter.

3. It is the case of the complainant, as per his complaint, that he is residing in Khudad village and is serving in the State Transport Corporation as a driver and on the date of incident i.e. on 31.03.1994, he was on his duty and driving an S.T.Bus from Viramgam to Bhatariya. Since his duty was at the night hours, he halted one night at Asthana Village and on the next morning at ab