SIKANDERBHAI IBRAHIMBHAI GHANCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD the learned counsel for the parties and perused the papers.

(2.) THE appellant among others was charged, tried and convicted for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and was sentenced, inter alia, to 7 years of rigorous imprisonment and a fine, or a default sentence.

(3.) FROM the evidence on record, it transpires that Bhavnaben and Rukshana had eloped with Sikandar and Shoaib respectively. From the certificate Exh.65, age of the victim -Bhavnaben is said to be between 17 to 21 years at the time of offence. It also transpires from the evidence that victim -Bhavnaben moved with the appellant from place to place for a period of more than one month and had voluntary sexual intercourse for more than one month. She however disputed the voluntary intercourse. But, considering overall circumstances, particularly, the fact that though she had an opportunity to escape from the clutches of the appellant on various occasions while she was moving in public places, as also while the appellant was away at times, it cannot be said that victim was not consenting party. She also half heartedly deposed before the trial Court that she was under continuous threats without specifying the nature of threats by the appellant. It is worthwhile to note that as per the prosecution case, both the girls had gone with the appellant and Shoaib respectively. Shoaib, being juvenile, was being dealt with under the Juvenile Justice Act.