IMPORTANT POINT
The appellate court upheld the acquittal of the accused due to significant contradictions in the victim's testimony and absence of supporting medical evidence, reinforcing the presumption of innocence.

JUDGMENT :

(Maulik J. Shelat, J.)

1. The present Acquittal Appeal has been filed under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 24.05.2000 passed by learned Additional Sessions Judge, Vadodara in Session Case No.166 of 1999. The State is in appeal before us. By way of the impugned judgment and order, the accused have been acquitted of all the charges levelled against them under Section 376 read with Section 114 of the Indian Penal Code, 1860.

2. The short facts of the prosecution case are as under:-

2.1 The prosecution alleges that the victim and her friend were walking to attend wedding at night. As she lagged behind her friends by about 10 feet. At that time, three men from behind gagged her by putting hand on her mouth and dragged her into the darkness and then gang-raped her. Unable to seek help, she returned home and told her mother. Her mother reported the incident to a police officer at the wedding venue, but he dismissed her concerns. Later, when the victim's mother and brother confronted the accused's family, they were met with hostility and threats. The accused's family members even assaulted the victim's brother and threatened to burn down their house.

2.2 Thereafter, two complaints were filed, first before the D.S.P., Vadodada vide Exh.20 and second complaint before the Circle Inspector vide Exh.21 and thereafter, First Information Report (FIR) was lodged with Police station Sinor, Vadodara, for the offences punishable under Section 376 read with section 114 of the Indian Penal Code.

2.3 The Investigating Officer recorded witness statements, prepared panchnamas, including panchnama of scene of offence, collected medical papers, etc. Upon committal of the case to the learned Additional Sessions Court, Vodardara, after appreciating oral and documentary evidence on record, learned Sessions Court, has found so many contradictions in the version of witnesses, who have been examined by the prosecution and the story enumerated by complainant as well as other supporting witnesses, are not found trust worthy and taking into consideration the testimony of the Medical Officers and considering the evidence on record, the learned Additional Sessions Court, Vadodara has acquitted all the accused from all the charges.

3. We have heard learned Additional Public Prosecutor, Mr. Urkarsh Sharma at length, who has taken us through various oral evidence as well as documentary evidence, which are on record. We have independently examined and appreciated evidence of witnesses.

4. Learned Sessions Judge, framed charges vide Exh. 02 against the Respondents - Accused for the aforesaid offences. The Respondents - Accused pleaded not guilty and claimed to be tried. They were tried for the said offences and in order to bring home the charge, the prosecution has examined 08 prosecution witnesses and also produced 06 documentary evidence, which are as under:-

Documentary Evidences