VINAJI VIHAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal under Section 374 of Code of Criminal Procedure is directed against the judgment and order dated 14.8.2012 passed by the learned Second Additional Sessions Judge, Mehsana in Sessions Case No. 59 of 2011 recording conviction against present appellant i.e. original accused No. 1 for the offence punishable under Sections 363, 366 and 376 of Indian Penal Code.

(2.) SO far as the accused No. 2 in said Criminal Case No. 59 of 2011 is concerned, the accused No. 2 is acquitted from the charge for offence punishable under sections 363, 366 and 114 of IPC.

(3.) THE learned advocate for the appellant submitted that (a) any panch witness has not supported the case of the prosecution and panchnama is not proved since all the panch witnesses were declared hostile; and that (b) the victim was major and at the time of incident her age was 17 years or more and the appellant entered into physical - sexual relation with the girl - daughter of the complainant with her consent and that she was consenting partner; and that (c) the complaint was filed after delay of about one week inasmuch as the FIR was lodged on 6.3.2011; and that (d) there are material contradictions in the evidence with regard to the age of the prosecutrix.