AZEEMABEN ASHRAFHUSAIN SHEKHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed for seeking following main reliefs:

(2.) Brief facts as per the case of the petitioner in this application are as such that the petitioner is a victim of gang rape on 19/5/2006. The petitioner was engaged to be married to one Firoz Ashraf Bakali. This Firoz Ashraj Bakali had still agreed to marry the present petitioner despite the unfortunate incident of Gang Rape perpetrated on her and accordingly the marriage of the petitioner was solemnized on 21/6/2003. From the wedlock, a daughter and two sons were also born. It is further the case of the petitioner in this petition that the husband of the petitioner had firstly stayed in Jamnagar with petitioner's parents as her in laws had refused to accept a gang rape victim as their daughter in law. Thereafter, the petitioner and her husband moved back in Gondal with her in laws. The husband of the petitioner and her in laws had married the petitioner with an expectation that in all likelihood, the present petitioner will settle with the rape accused for a huge chunk of money and in fact, the in laws of the present petitioner were pressurizing the present petitioner to accept Rs.15.00 Lakhs from the accused persons of the rape case. However, the petitioner herein did not succumb to such pressures and took the rape case to its logical end and ultimately all the accused persons came to be convicted in year 2006. There were numerous instances of mental torture and cruelty by the petitioner's in laws and her husband for the sake that the petitioner had not compromised and settled with the accused persons and had refused to receive a huge chunk of Rs.15.00 Lakhs from the accused persons.

(3.) Heard learned advocate Ms. Hetvi H. Sancheti for the applicant and Mr. Dhawan Jayswal, learned Additional Public Prosecutor (APP) appearing for the respondent - State.