VIPULBHAI CHIMANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R. No.11215012200036 of 2020 registered with Khambhat City Police Station, Dist. Anand for the offences punishable under Sections 365, 366, 376, 506(2) and 114 of the Indian Penal Code, 1860 (IPC).

(3.) As per the case of the prosecution, on 10.02.2020 the first informant, victim, lodged the present F.I.R. against the applicant and another alleging that on 04.02.2020 at around 11:00 a.m. the applicant called her and asked to come at Sankhava Road and on reaching there she found the applicant and the uncle of the first informant Mr.Pravin @ Lalabhai Jesangbhai Parmar in an auto-rickshaw and thereafter, they went to Yuva Village Railway Station, where the uncle of the first informant dropped them and told not to worry and he would handle the situation. It is further alleged that the first informant and the applicant stayed at the Railway Station, where the applicant committed intercourse with the first informant. It is further alleged that on 05.02.2020 they went Vadodara in a train and stayed at Majaraj Hotel for three days, where also he committed intercourse. It is also alleged that the first informant administered a life threat to the first informant and he did not allow the first informant to go anywhere and also he took a mobile phone of the first informant. It is further alleged that on 08.02.2020 the applicant called his brother-in-law Shri Naginbhai and from him he came to know that the police was calling his parents to the Police Station and suggested to return home. It is further alleged that uncle (mama) of the applicant Dipakbhai came to Vadodara at night on 08.02.2020 and took them to Vadoli Village where the parents of the first informant did not give a complaint. It is also alleged that on 10.02.2020 the first informant went to the Police Station with her mother and registered the F.I.R. against the applicant and his uncle.