K.S. Jhaveri, J.

1. The present appeal, under Section 378 of the Code of Criminal Procedure, 1973 (for brevity, the Code) is directed against the judgment and order dated 02.12.1995, passed by the learned Additional Sessions Judge, Bhavnagar, Camp: Mahuva, in Sessions Case No. 243 of 1994, whereby the respondent herein - original accused has been acquitted of the charges levelled against him for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (for brevity, the IPC).

2. Brief facts of the prosecution case are that on 17.08.1994 at about 12:00 p.m. when the minor daughter of complainant - Vamanbhai Nanjibhai, aged about 12 years, was returning to him after school, at that time, near Gandhibaugh in Mahuva, the respondent - accused, allegedly introducing him as a friend of her father, brought the victim in his bicycle illegally from the lawful guardianship of the complainant without his consent and thereby, abducted her and thereafter, took her in a field situated in the sim of village: Maliya and committed rape on her and for the said alleged offe