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2016 Supreme(Guj) 1384

R.P.DHOLARIA
State of Gujarat – Appellant
Versus
Satish – Respondent


Advocates Appeared:
For the Appellant : L.B. Dabhi, APP.
For the Respondent:Hardik B. Shah, Advocate.

JUDGMENT :

R.P. Dholaria, J.

1. The appellant State of Gujarat has preferred the present appeal under section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 5.4.2006 rendered by learned Additional Sessions Judge, Porbandar in Sessions Case No. 29 of 2004.

2. The short facts giving rise to the present appeal are that while the complainant has gone to hospital, the respondent accused has attempted to abduct and/or entice away the minor daughter of he complainant from her lawful possession with clear intention to have illicit sexual intercourse with her. Hence, the complaint came to be lodged against the respondent accused.

3. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.

3.1. In order to bring home the guilt, the prosecution has examined 8 witnesses and also produced documentary evidences such as original complaint Exh. 11, panchnama of scene of offence Exh. 13 and panchnama of arrest of the accused Exh. 14.

3.2. At the end of th














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