Indian Kanoon - Search engine for Indian Law

Learned advocate for the appellant urged that there was sufficient evidence on record to show that the victim [prosecutrix] was already present in the Police Station and taking undue advantage of her being of unsound mind, a false case was created against the appellant.

On the merits of the case, learned advocate for the appellant contended that the learned trial Judge has materially erred in observing that had there being real enmity between the Police Constable Yakubbhai and the appellant-accused, in such a situation, on seeing them in a compromising position, he would have rushed towards them and would have asked them to wear the clothes and then brought them to the Police Station. On the contrary, the trial Judge has tried to distinguish the deposition of witness-Yakubbhai by observing that the said witness has in his evidence deposed that on seeing him, the accused and the victim immediately got separated and put on their clothes. This story, according to the learned advocate for the appellant, does not sound probable in light of the fact that there was no earthly reason for the said Police Constable to take them to LCB rather than to "B" Division Police Station, Bharuch.