RANJITSINH CHHOTABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE application for suspension of sentence was ordered to be listed along with the Appeal by order dated 26th December 2013. Accordingly the Appeal has been heard.

(2.) THE appellant was convicted for the offences punishable under Sections 363, 366, 376 of Indian Penal Code ( for short "IPC") and was cumulatively ordered to suffer imprisonment of ten years as also fine and a default sentence. The appellant has now suffered imprisonment of six years, 5 months and 21 days.

(3.) HAVING heard learned counsel for the appellant as also learned APP it cannot be disputed that except, technical rape on account of age of the victim being less than 15 years, the entire episode was more or less a consensual affair. The prosecutrix in the statement before the doctor as also in her evidence has clearly come out with a case that the accused offered her to elope with him. She refused but on persistence, accompanied him to guest house and during course of the night physical relationship were established with her by the appellant despite her refusal. It appears that in the testimony she deposes having refused to accompany the applicant in the first instance. However, pertinently, she states that she was seen by her uncle's friend Hardik, in the company of the appellant. Therefore, the possibility of her inducting appellant in the crime out of fear of being beaten up by her relatives or for similar such reasons cannot be ruled out.