PRATAPSINH VIRAJI CHUDASMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. R.V. Sampat for the petitioner and learned APP Mr. D.P.Joshi for the respondent State.

(2.) Rule. Service of rule is waived by Mr. D.P. Joshi, learned APP appearing for the respondent State.

(3.) The petitioner herein, who has been arrested in connection with Mangrol Police Station CR No. I-123 of 2000 for the offence under section 376, 452, 511, 323 of the Indian Penal Code has prayed for bail under section 439 of the Code of Criminal Procedure, 1973. As per the facts stated by the complainant Jiviben, wife of Haja Karshan, aged about 35 years, On 14.10.2000, at about 1.00 a.m., while she was sleeping in her house alone and while her husband was sleeping out side in the open, at that time, their neighbouring land owner Pratapbha Viraji Darbar i.e. the petitioner herein had entered her house and she, at once, got from her sleep upon feeling his touch. He, at once, removed his pent demanded intercourse to which she had said that she was having relations with him earlier but since her husband etc. have now known about her relations and, therefore, she was driven out by her husband and thereafter, she was allowed by her husband to enter the house only on condition that she should not keep any further illicit relations with him i.e. the petitioner herein. As per the averments made in the complaint, the complainant lady had, therefore, asked the petitioner to go away. However, the petitioner insisted for intercourse and removed her skirt and she resisted. It is further alleged in the complaint that the petitioner took the stick lying in her house and beat her with stick on both of her wrists and during that time, she opened the door suddenly and called her husband and, therefore, Pratap Viraji i.e. petitioner, leaving his pent in her house, ran away out of her house. It is also alleged that she had put on her skirt and her husband caught hold of Pratapsing Viraji. According to the complainant, both namely her husband and the petitioner were fighting out side and fell down and she feared that the said Pratap Virji will kill her husband and, therefore, she took the male organ of said Pratap Virji in her mouth and gave two bites to injure him with all force. During that period, according to her, her husband also had beaten on his head and mouth with two stick blows and Pratap Virji started crying with pains and during this time, her nephew Lakhman Bhikanji, Karsan Bhikanji arrived and Pratap Virji went away to his land and we saw him in moon light. At that time, many adjoining field owners also gathered there. Both of them namely complainant as well as her husband went to their house. Thereafter, aforesaid complaint being I CR No. 123 of 2000 was lodged before the police station on 14.10.2000 at 13.00 hours at Shil and at 15.30 hours at Mangrol. Thereafter, on the basis of the said complaint being I CR No. 123 of 2000, the petitioner was arrested on 14th October, 2000 and thereafter, the chargesheet was filed against the petitioner on 15th January, 2001. Prior to this, the petitioner filed criminal miscellaneous application no. 40 of 2000 before the Sessions Court at Junagadh which came to be rejected by the concerned sessions court on 8.2.2001 and, therefore, the petitioner has filed the present application for bail under section 439 of the Code of Criminal Procedure.