RAJESHBHAI GAMAJBHAI IDAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - convict prisoner has preferred the present appeal through District Jail, Junagadh and Mr.BS Supehia, has been appointed as his counsel. After receiving the records and proceedings of the Sessions Case No.32 of 2003 from the court of Additional Sessions Judge, Navsari, the office has placed this appeal before this court for admission.

(2.) Heard Mr.BS Supehia, learned counsel for the appellant and Mr.IM Pandya, learned Assistant Public Prosecutor for State at length.

(3.) Short facts of the prosecution case are such that on 7/7/202 at about 2 to 3 p.m. the appellant accused came to the house of the victim and at that time, the victim and her mother were present in the house. As the appellant accused was working in the agricultural field of neighbour namely Ghanabhai Gangarambhai, the accused and the complainant side were known to each other. After some chitchat, the appellant accused requested the mother of the victim to take the victim with him in the market under the guise of purchasing gram for the victim. Thereafter, instead of taking the victim to market, he took away the victim into the forest where he has allegedly committed the rape upon the victim. Thereafter, the appellant accused ran away and the victim came back to her house in weeping condition and narrated the entire incident to her mother and therefore, her mother called her relatives namely two brothers of her husband and others and in turn, the mother of the victim narrated the entire incident to them. As there was bleeding from the private part of the victim, she was taken to the Civil Hospital, Ahwa, where she was examined by Dr.Ajaykumar Thakorbhai and was admitted in the hospital and treated there. At the hospital, the mother of the victim lodged the complaint for the offences punishable under sections 361, 363 and 376 of the Indian Penal Code and same has been registered before the Ahwa Police Station vide CR No.I-57 of 2002. Thereafter, the investigation was started but the accused was absconding and he was arrested on 1/6/2003. After following proper procedure, he was sent for medical examination in the Civil Hospital, Ahwa and thereafter he has been sent in judicial custody.At the end of investigation, chargesheet has been submitted into the trial court and as the offence in question is triable exclusively by the Sessions Court and as the Judicial Magistrate (FC), committed the case to the Court of Sessions, Navsari, same has been numbered as Sessions Case No.32 of 2003. The appellant accused appeared before the trial court and charge was framed against him on 25/7/2003 at Ex.3 for the offences punishable under sections 361, 363 and 376 of Indian Penal Code and as the accused pleaded not guilty and prayed for trial, the prosecution has examined the following witnesses to prove the charge against the appellant accused:- <FRM> -------------------------------------------------------- Sr.No. Particulars Pw NO. Ex.No. -------------------------------------------------------- 1. Anilbhai Sakarbhai, 1 7 Panch witness of Panchnama of scene of offence Ex.81. 2. Jasubhai Somabhai, 2 9 Panch witness of Panchnama of seizure of clothes of the appellant accused Ex.10 3. Madhubhai Shantaram Chaudhari 3 12 Panch witness of Panchnama of seizure of clothes of the appellant accused Ex.10 4. Yamaniben Ratanbhai Pavar, 4 13 complainant - mother of the victim. 5. Kaliyabhai Mangalbhai Pavar, 5 16 uncle of victim. 6. Dr.Ajay Thakor, 6 17 Medical Officer of Civil Hospi. Ahwa who examined the victim on 7/7/2002. 7. Robert Sempol Mistri, 7 22 Panchwitness of panchnama of seizure of clothes of the victim which she had wared at the time of incident Ex.23. 8. Sureshbhai Mangalbhai, 8 26 uncle of the victim. 9. Ratanbhai Mangalbhai, 9 27 father of the victim. 10. Rajesh Gana Gavit 10 28 person in whose field, the appellant was working as agricultural labourer. 11. Dr.Dilipbhai Shivaji Gamir, 11 30 Medical Officer, Civil Hospi. Ahwa who examined the accused on 1/6/2003. 12. Ravindra Gangaram Sonavane 12 35 Panch witness of seizure of clothes of the accused. 13. Bhaguben Ratanbhai, 13 37 oral evidence of the victim. 14. Ahemad Latif Navajuddin Shaikh 14 39 PSI Ahwa Police Station, who recorded the FIR at Civil Hospital, Ahwa. 15. Fatehsinh Laxmansinh Vasava 15 41 who has further investigated the offence in question, as the concerned IO Ex.14 transferred.</FRM> ---------------------------------------------------------