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S. H. VORA, RAJENDRA M. SAREEN
State of Gujarat – Appellant
Versus
Govindbharthi Ganapatbharthi – Respondent
JUDGMENT :
Rajendra M. Sareen, J.
1. Present Criminal Appeal is filed by the appellant – State being aggrieved by the judgement and order passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar dated 10/7/1995 in Sessions Case No.45 of 1994 whereby the learned Judge has acquitted all the accused / respondents from the offence punishable under sections 363, 366, 366A, 506(2), 376, 341, 342, and 114 of Indian Penal Code.
2. Brief case of the prosecution is that the complainant - PW-2 lodged an F.I.R. on 21.11.1993 for the offences punishable under Section 341, 342, 363, 365, 366, 376, 506(2) and 114 of the Indian Penal Code, 1860 against the Original Accused. It has been alleged that the daughter of the complainant – victim was kidnapped by the Accused No. 1 who is her step maternal uncle, the Accused No. 1 had given a threat and kidnapped her due to the family rivalry, he was aware of the fact that on 15.09.1993, in the afternoon, the victim was alone and therefore, threat was given and kidnapped her and called near the school and took her to the Vaishali Talkies, Himmatnagar and handed over to Accused No. 5 - Ishwarbhai Kalabhai. As per preplanned, Accused No. 5 dr
The main legal point established in the judgment is the requirement to prove the age of the victim beyond reasonable doubt and the impact of delay in filing the FIR on the case.
The central legal point established in the judgment is the requirement for the prosecution to prove the essential elements of the offence, including the age of the victim and the absence of consent, ....
The determination of the prosecutrix's age and the credibility of the prosecution's evidence are crucial in establishing the guilt of the accused.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
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