B.N. KARIA, J.

By preferring this Criminal Appeal under Section 378 [1] (3) of the Code of Criminal Procedure, 1973, the State of Gujarat is in appeal against the order of acquittal dated 29th September 2005 passed by the learned Presiding Officer, 4th Fast Track Court, Surat in Sessions Case No. 138 of 2002 made below Exh. 115.

2. Brief facts of the prosecution case are that, the complainant, origin of village Navda, Taluka Dhanduka, District Ahmedabad, when was residing at Katargam, local area of Surat City alongwith her husband and other family members, at that time, her younger sister aged around 15-16 years was also working in a Diamond factory, where she was employed. The complainant came to know about ill motive of the accused no. 1, and therefore, she withdrew the victim from that unit and sent her in another unit. That, on 25th March 2000, the victim went to unit for work and came back at home for lunch at 12 noon, and thereafter, at about 2 O’Clock, she went back to the unit for work. However, at about 2:45 O’Clock, the owner of the unit where the victim was employed, made a call to the complainant informing about absence of victim from work after lunch hour. Upon