JUDGMENT :

ASHOKKUMAR C. JOSHI

1. The State has filed this acquittal appeal challenging the judgment and order passed by the Principal Sessions Judge, Nadiad dated 05.10.2019 in Sessions Case No. 100 of 2014. The trial was held against the accused for having committed the offence punishable under Section 376 of the Indian Penal Code, 1860 (herein after referred to as “the IPC”).

2. Heard Mr. Hardik Soni, learned Additional Public Prosecutor for the appellant – State.

3. The learned Additional Public Prosecutor has taken this Court extensively through the judgment and order of the learned Sessions Judge, so also the relevant evidence, which are on record pursuant to the order of this Court dated 13.03.2020.

4. The learned Additional Public Prosecutor has submitted that the Sessions Judge has committed a grave error in not believing the case of the prosecution that on the basis of false promise to marry the victim, the accused got intimated with the victim, against her will and consent. He, drawing attention of the Court to the relevant evidence on record, vehemently submitted that though the prosecution witnesses have supported the case of the prosecution and though the case was prove