JUDGMENT :

Sandeep N. Bhatt, J.

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 05.10.2021 passed by the learned 4th Additional Sessions Judge, Gondal in Sessions Case No.40 of 2018 for the offences under sections 307, 364 and 366 of the Indian Penal Code, the applicant - State of Gujarat has preferred this application to grant leave to appeal as provided under section 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short) inter alia challenging the judgment and order of acquittal in favour of the respondent accused.

2. The facts as per prosecution case are that, on 22.06.2018 in evening, when the complainant - Vibhutiben Sureshbhai Rathod was washing the clothes out side her house, the accused - Subhash @ Popat Rameshbhai Padaya, who happens to be the cousin of the complainant ('Foi no Dikro'), came there and told her that to come and marry with him and will live together. Therefore, the complainant has gone with him. The accused has taken her at the Farm of Ravjibhai at village Nagadka, where he took her near the Well and told her to marry with him. When she refused for marriage, the accused has pushed her and the complainant fe