AMBALAL NAROTTAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Applicants are original accused Nos. 1,2 and 3 respectively. By judgment and order dated 14th May, 1998 of learned 2nd Joint Judicial Magistrate (First Class), Mirzapur (Ahmedabad Rural), in Criminal Case No.93 of 1992, all the accused came to be convicted and sentenced for the offences under Sections 294 -B, 426, 448, 509 and Section 114, Indian Penal Code, 1860. The said judgment and order of the learned Judicial Magistrate was challenged before the Court of Additional Sessions Judge, Fast Track Court No.8, Ahmedabad (Rural), Navrangpura in Criminal Appeal No.09 of 1998, which came to be dismissed on 30th July, 2004, confirming the aforesaid judgment and order of conviction and sentence. Originally there were four accused, one of whom died during the pendency of the proceedings. The three of them have filed the present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) The prosecution case as was revealed from the complaint (Exh.48) lodged by one Kavita Govindram, who at the relevant time was 21 years of age studying in the second year of Bechlor of Arts course and had been staying at the address 37, Bhagyalaxmi Society, Ranip. It was alleged in the complaint that when she was alone in the house, applicant No.l -accused No.l Ambalal was speaking filthy and was abusing, stating that why the stones were kept in open gutter. The complainant being alone in the house, she asked him not to speak in filthy language. It was further alleged that thereafter two sons of accused No.l, named Prashant and Bharat, also came and started hurling abuses. Another person Bharatbhai, accused No.4, too arrived and joined them. Accused No.2, it was alleged, caught the complainant from her shoulder and torn off her Kurta. All started pulling her out of house. It was stated further that at that time Shukla Parmanand and Virendra Dubey, the friends of the brother of the complainant reached and separated the complainant from the accused persons. While running away, the accused person. threw stones on the house of the complainant and broke the glasses of the windows. Pursuant to the aforesaid complaint on the incident, Criminal Case No.93 of 1992 was registered and accused were subjected to trial, which culminated into the conviction and sentence as above.

(3.) In course of trial, the prosecution examined witnesses and led documentary evidence. The complainant gave her evidence at Exhibit 46. The other prosecutions witnesses were Parmanand Shukla (Exh. 67) and Virendrakumar Dubey (Exh.69). Panchnama of the place (Exh. 63) was sought to be proved by examining panch witnesses (Exh. 62 and 68). The investigating officer's testimony was recorded at Exhibit 73.