Harsha Devani, J.

1. This appeal under section 378(1) and (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) is directed against the judgment and order of acquittal dated 2nd February, 2005 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Amreli in Sessions Case No. 53/2000.

2. The prosecution case is that the first informant - Tapubhai Punabhai Taank lodged a first information report stating that he was residing at Rajula and had one son and two daughters. The eldest daughter was named Anjuben who was married to one Jayantibhai Tapubhai Kumbhar. Bhavna was younger than her and was 17 years of age and his son Mahesh was younger than Bhavna and was 13 years of age. Both Bhavna and Mahesh were unmarried and were residing with the first informant. On 3rd June, 1999, the first informant had gone for some social work to Talgajarda and had returned at 4:30 in the evening at which point of time, his son Mahesh had told him that in the morning at around 10 o’clock when his mother Savitaben had gone to the brick kiln, at that time, Mahesh and his sister Bhavna were at home and Bhavna had asked for money to buy vegetables and af