JUDGMENT :

VIPUL M. PANCHOLI, J.

1. The present appeal has been filed by the State under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short) challenging the judgment and order of acquittal dated 16.07.1996 rendered by the Additional Sessions Judge, Bhavnagar in Sessions Case No. 38 of 1996.

2. The brief facts leading to the filing of the present appeal as under:

2.1 An FIR being C.R. No. 207/1995 came to be registered with Gadhada Police Station for the offences under Sections 363, 366-S, 354, 502, 201 and 34 of the Indian Penal Code alleging inter-alia that the original accused no. 3, Ahesan Sandhi and the original accused no. 2, Hanshaben were having illicit relationship and the said Varsha had seen both of them in compromising condition and the original accused no. 3, Ahesan Sandhi had also outraged the modesty of the said Varsha and thus having apprehension about the fact that the said Varsha would disclose the fact of illicit relationship between the original accused nos. 3 and 2 and the fact of outraging her modesty, the original accused nos. 1 and 3 have poured the kerosene over the body of the said Varsha and set her ablaze and