IMPORTANT POINT
The decision of the appellate court in an appeal against acquittal must be based on a full review, reappreciation, and reconsideration of the evidence, and the court must bear in mind the double presumption in favor of the accused in case of acquittal.

JUDGMENT :

1. The present appeal is filed by the appellant-original complainant, challenging the judgment and order of acquittal dated 07-09-2023 passed by Learned 3rd Additional Sessions Judge in sessions case No.77 of 2021, whereby learned Sessions Court has acquitted the respondent-accused for the offence punishable under section 376(2), 450(2), 506(2) of Indian Penal Code, 1860(hereinafter referred to as IPC).

2. It is the case of the prosecution that, on 14-01-2021 on the day of ‘Utarayan’, the complainant was present at her house and her husband went to the pan shop and the father-in-law, mother-in-law went to the village Uvarsa for a ritual purpose. Noticing that the complainant was alone at the house around 11:00 a.m., the accused entered into the house in the courtyard, the complainant was taking her lunch and at that time by holding her hand accused took her inside the house and offence of rape was committed. Threats were administered that, if this offence is disclosed to anyone then he would kill her son and husband, therefore the complainant did not disclose the offence to her family members.

2.1. After 2 days again on 16-01-2021 around 1:00 a.m. when the complainant was sleeping at the last room situated in the house and her husband was sleeping in the middle room, taking the advantage of the door which was open, again the respondent entered into the house and slept with the complainant and once again the respondent-accused had made sexual intercourse with the complainant and on shouting, the husband woke up and called the brother-in-law, mother-in-law, sister-in-law and father-in-law and the accused was caught and taken out of the house, however he ran away from the place.

2.2. Thereafter when the complainant was doing her household work in the house, threats were administered by the respondent-accused that if any complaint would be filed, then her life would be ruined and the complainant would face dire consequences. On providing courage by the other family members, particularly her mother and the uncle-in-law, a complaint came to be filed before Kadi Police Station being I-CR.No.17 of 2021 for the alleged offences.

3. On setting criminal law in motion, investigation was carried out and after collecting the material, a charge-sheet came to be submitted before the Learned Judicial Magistrate, Kadi on 24-03-2021 and the same was numbered as criminal case No.225 of 2021. As the case is triable by the learned Court of Sessions, it was committed to the learned Sessions Court and thereafter charge was framed below Exh.4, wherein accused pleaded not guilty and claimed to be tried. In order to prove the guilt of the accused, prosecution examined 13 witnesses and produced 27 documentary evidence.

4. On filing the closing pursis below Exh. 57, the statement under section 313 was recorded wherein the accused pleaded innocent and stated that false case is filed. Thereafter on hearing the arguments of the prosecution and after examining the evidence which was produced, learned Trial Court has acquitted the respondent from alleged charges which is subject matter of the appeal.

5. Heard learned Advocate Mr.Prajapati for the appellant- original complainant and learned APP Ms.Vrunda Shah for the State. Learned APP Ms.Shah submitted that legal department has taken decision not to file an appeal against the impugned judgment and order of the acquittal.

5.1. Learned Advocate Mr.Prajapati for the appellant- original complainant has submitted that, learned Trial Court has not considered the evidence placed on record by the prosecution in proper perspective without giving proper weightage to the material evidence produced in support the case of the prosecution, learned trial court has acquitted the respondent-accused from the charges.

5.2. Learned Advocate Mr.Prajapati submits that, the case of the prosecution was supported by all witnesses who stated in their testimony that accused entered into the house and when he was caught by the family m