( 1 ) THE Appellant State of Gujarat is aggrieved by the acquittal judgment of the respondent-accused Babu @ Roni Manilal rendered by the learned Additional Sessions Judge Bhavnagar in Sessions Case No. 102 of 1984 acquitting the respondent-accused of the charges under secs. 363 366 and 376 of the Indian Penal Code.

( 2 ) THE facts shortly stated are that the prosecutrix Bai Minakshi daughter of Maganlal Bhikhabhai of village Rajpara had gone on 9 at about 4-00 p. m. to the dispensary of Dr. Patel for being treated for fever diarrhoea and vomit. She was accompanied by her sister Jyotsna. However Jyotsna returned alone and told her mother Parvatiben that Minakshiben the prosecutrix was admitted in the hospital and she had asked her to convey that her father should go to look after her health the next day. Therefore Parvatiben on the next day went to Dr. Patels dispensary at Talaja to inquire after Minakshiben but Dr. Patel told her that he had administered injection to Minakshiben and had allowed her to go she was not admitted in the hospital. Thereafter Parvatiben inquired at other dispensaries. She then informed the Police Station that her daughter had gone away to