RAMPRATAP GANGARAMJI SAMALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT -original accused was convicted by the impugned judgment dated 02.11.2007 rendered by the learned Sessions Judge, Ahmedabad in Sessions Case No. 48 of 2007 for offences punishable under Sections 376(2)(f) and 323 of the Indian Penal Code. For the offence under Section 376 of the Indian Penal Code, he was sentenced to imprisonment for life. For offence under Section 323, he was sentenced to imprisonment for one year. Such sentences were made concurrent. Accused has, thereupon, filed present appeal challenging the judgment of the Trial Court. Briefly stated the prosecution version was that:

(2.) THE complainant Hanuman Ramdevji Bagadi, P.W. 2, Exh. 17, the father -in -law of the accused, turned hostile. Even the victim girl, Ms. S, P.W. 7, Exh. 26 turned hostile. However, the learned Judge referred to other evidence on record to convict the accused. Such evidence is as under.

(3.) THE version of this witness, Bhaviniben, P.W. 4 was supported by the other teacher Savitriben Kantibhai, P.W. 5, Exh. 23. She also was a teacher in the same school. She deposed that the victim had also confided in her. She had cried and complained that she wanted to meet the Principal because her father beats up her mother, behaves indecently with her and forces himself on her. She was taken to the Principal the next day.