AMARSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is yet another case under Sections 363 and 366 of the Indian Penal Code, but the present case is one of those few cases wherein at the end of the trial, accused came to be convicted for the said offences.

(2.) It is the say of the prosecution that victim was aged 15 years plus and therefore, she was minor. About the incident, story is same, - as in all other such cases - barring the change in the name of parties and the name of places of alleged occurrence. But, "same story" did weigh with the Court and accused came to be convicted, hence, few brief facts may be referred to in order to appreciate properly the case of the parties. That victim's family resides at village Manipuram one Janiben is their neighbour; the accused is a brother of Janiben; the accused is not resident of village Manipur, however, he has visited couple of times - prior to the inci dent - his sister's house; at that time, the tim and accused had met; In fact, the accused had visited the house of the victim to have a tea etc.; one Champa is a friend of the vic tim; the victim and accused said to have come to Babara bus stand from village Manipur by walking; there, relatives of the victim accused came and respective relative had taken the victim and accused with themselves, and complaint came to be lodged.

(3.) The complainant is the brother of the deceased. The complaint is lodged 14.5.1990. The material witnesses examineed by the prosecution are; complainant (Exh.7 the other brother of the victim (Ravjibhai Exh.9), victim (Exh. 11), friend of the victim (Champaben, Exh.10), Principal Teacher the School (Kantibhai, Exh.15), Dr.Ashar (Exh.97) and the Investigating Office: (Exh.24).