JUDGMENT :

Hemant M. Prachchhak, J.

1. The appellant – State of Gujarat has preferred the present appeal under Section 378 of Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 17.4.1996 passed by the learned Additional Sessions Judge, Bhavnagar (hereinafter be referred to as “the trial Court”) in Sessions Case No. 198 of 1995, whereby the respondent-original accused was acquitted from the charges levelled against him under Sections 376, 506(2) etc. of the Indian Penal Code and Section 135 of the Bombay Police Act.

2. It is contended by the appellant that the respondent – accused was charged and tried by the trial Court in the said Sessions Case for the offences punishable under Sections 376, 506(2) etc. of the Indian Penal Code and Section 135 of the Bombay Police Act, wherein at the end of trial, by the impugned judgment and order dated 17.4.1996, the trial Court was pleased to acquit the respondent – accused. It is the contention of the appellant that the judgment and order of acquittal is against the law and evidence on the record of the case and the trial Court has not properly appreciated the evidence available on record. It is the further contention of the appellant that the trial Court has committed an error in not considering the evidence of the witnesses, who have supported the case of the prosecution and they have narrated the incident in detail about the role played by the accused-person. It is also the contention of the appellant that the prosecution has proved its case beyond reasonable doubt and, therefore, the respondent – accused ought to have been convicted for the offences with which he was charged. According to the appellant, the entire evidence has not been properly appreciated by the trial Court below and, therefore, the acquittal order is illegal. It is prayed by the appellant to set aside the impugned judgment and order of acquittal.

3. The facts in brief giving rise to the filing of present appeal are as under:

3.1 As per the complaint dated 13.8.1995 of the prosecutrix, on 12.8.1995 at about 8 a.m. her sister, brother, grandfather, bhabhi etc. were working at vadi near Gudajalivali. Near the said place one river and well are situated and she went to the well for taking water. At that time, the accused came there and asked for water and she gave water to him. However, the accused did not drink the water and touched her inappropriately, therefore, the prosecturix started screaming. At that time, the accused had shown her knife and said that if she shouts, then he will kill her and thereafter he forcefully raped her by putting knife on her neck. Thereafter, the accused ran away from the place of offence. Thereafter, as the victim started shouting, her sister-in-law reached there and her sister-in-law had also seen the accused running away from the spot. Thereafter, her sister Shobhanaben, brother Laxman and others, who were working at the field came there running. She narrated the incident to them. As per her say, as the accused dragged her, there was bruise on the bottom of her right leg. Thereafter, she along with her father and brother came to the police station and gave the complaint.

3.2 The said complaint came to be registered at Khatvada Police Station by P.S.I. as I-C.R. No.69 of 1995 for the charges punishable under Sections 376, 506(2) etc. of the Indian Penal Code and Section 135 of the Bombay Police Act. .

4. Pursuant to the aforesaid FIR, the police started investigation. After completion of investigation, as the sufficient evidence was found, the police has filed the chargesheet against the accused persons before the Judicial Magistrate, First Class. As the offence was triable by the Court of Sessions, the Judicial Magistrate, First Class has committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions at Bhavnagar, wherein it has been registered as Sessions Case No.198 of 1995.

5. The charge came to be framed by the trial Court on 26.2.1