RANJITBHAI BUTTABHAI KO. PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Moxa Thakkar, ld. APP waives Rule for the respondent State.

(2.) This application is directed against the order dtd. 19/9/2022 passed below Exh:149 in Sessions Case No.2/2021, by the learned 7th Additional Sessions Judge, Ahmedabad Rural at Dholka, whereby, the application preferred by the applicants accused for recalling of victim has been rejected, mainly on the ground that as per the settled law, the accused cannot be permitted to fill-up the lacuna in the case.

(3.) The brief fact leading to file present application is that, the applicants and others are facing the charges for the offences under Sec. 363 , 366 and 376 of IPC. Pursuant to the FIR, chargesheet came to be filed, which culminated into Sessions Case No.2/2021 (Old Case No. 144/2010). During the course of trial, victim complainant was examined at Exh:38 and her evidence was recorded on 8/1/2013. The co-accused Kalubhai Prabhubhai, shown as absconding was later on arrested and supplementary chargesheet against him came to be filed which culminated into Sessions Case No. 52/2016. In the supplementary chargesheet, the evidence of the victim was recorded at Exh:33, wherein, she has stated on oath that, she has not been raped by anyone and incident of such kind is never ever happened. She has further stated that, under coercion, earlier she has deposed against the present applicants herein.