SANJAYSINH CHANDRASINH RAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed in Special Atrocity Case No.10/2008 dated 28.11.2008 by the learned Special Judge, Bharuch whereby, the appellant, original accused, has been convicted for the offences punishable u/s.306, 376 and 324 of Indian Penal Code (for short, "the IPC") and Sections 3(1)(x), 3(1)(xii) and 3(2)(v) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 (for short, "the Atrocities Act").

(2.) THE facts in a nutshell are as under; It is the prosecution case that Balubhai Punabhai Vasava is a resident of Village Nana Sanjha, Taluka Jhagadiya, District Bharuch and was earning his livelihood from agriculture. His family consisted of his wife and four children. The youngest amongst the three daughters of Balubhai, who was unmarried and had studied up to metric level, was involved in a love -relation with the appellant herein.

(3.) MR . Ramnandan Singh learned counsel appearing on behalf of the appellant -accused submitted that the conviction recorded by the Court below is erroneous on law and on facts. He submitted that there is no evidence on record that the appellant had made a false promise to deceased -prosecutrix with the intention to seduce her to indulge into sexual intercourse with him. He submitted that such relation was entered into with the will and consent of deceased -prosecutrix. She was a major at the time of alleged incident. Therefore, the act would not fall within the definition of Section 375 IPC.