LAWS(GJH)-2021-10-1514

STATE OF GUJARAT Vs. SURESH JINABHAI MOVALIYA

Decided On October 20, 2021
STATE OF GUJARAT Appellant
V/S
Suresh Jinabhai Movaliya Respondents

JUDGEMENT

(1.) Criminal Appeal No. 2563 of 2008 is filed by the Appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 whereas Criminal Revision Application No. 667 of 2008 is filed by the Applicant/Original complainant challenging the judgment and order dtd. 24/6/2008, passed in Sessions Case No. 8 of 2005 by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No. 1, Junagadh, recording the acquittal.

(2.) Learned APP has fairly submitted that despite sufficient opportunity being given to the Applicant in Criminal Revision Application, the Applicant has chosen not to appear, therefore, the matters may be heard on merits. On such premises, the court has proceeded for final hearing in both the matters.

(3.) The facts, in brief, are that a private complaint dtd. 25/11/2003 came to be filed by the complainant, resident of Dhebar, Taluka Visavadar before the court of learned Magistrate, Visavadar, wherein the learned Magistrate passed an order under Sec. 156(3) and directed the concerned police station to inquire into the matter and submit the report. It is alleged in the said complaint that the complainant is studying in FY B.Com and residing with his family at Dhebar Village. Her father is doing agriculture work in the village. It is alleged that when the complainant was studying in 12th Standard, she came in contact with the respondent - accused No. 7 - Dayaben Vaghasiya and thereafter relations were developed and they became best friends. As result of that, the complainant was having full trust in the Respondent - Accused No. 7. On 15/6/2003, the Respondent - Accused No. 7 requested the complainant to come with her to Galdhara. Hence, the complainant had gone with the Respondent - Accused No. 7, where the accused with the help of each other, had taken signature on the papers by keeping her in dark and thereafter informed her that marriage is taken place between the complainant and the Respondent - Accused No. 5 - Asvinbhai. Thereafter, she was threatened not to tell anyone about the same, otherwise, they would kill her father and also destroy her family. Hence, the complainant did not inform about the said fact to anyone. The accused had also taken benefits of her. The accused persons therefore have committed the offence punishable under Ss. 366, 341, 506(2), 114 of the Indian Penal Code for which, FIR came to be registered against them.