GOVINDBHAI RAMANLAL CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused -appellant, herein, seeking to assail the judgment and order of the learned Sessions Judge, Kheda at Nadiad (for short, 'the Trial Court), Dated : 30.08.2010, rendered in Sessions Case No. 59 of 2010, whereby, the learned trial Court convicted and sentenced the accused as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the mother of the prosecutrix lodged a complaint on 09.11.2009 before Naranpura Police Station, wherein, she stated that out of her fist marriage, she gave birth to two daughters including the prosecutrix and since, her first husband expired due to illness, she remarried with one Jagdishbhai. The complainant, in her complaint, further, stated that on 24.08.2009, her husband Jagdishbhai was not at home and she went to sleep in the afternoon. At about 04:30 p.m., the mother of the prosecutrix found her missing, and hence, she gave an intimation about the same to the Nadiad Rural Police Station. The, on 02.09.2009, the complainant received a phone call from one of the friends of her first husband, informing her that the prosecutrix had come to his house. The complainant, hence, went there and on inquiring from the prosecutrix, the complainant came to know that the accused had allured her. The complainant, therefore, lodged the complaint in question. On registration of the complaint, police carried out investigation into the alleged offence and on finding sufficient evidence, lodged charge -sheet against the accused. Since, the accused did not plead guilty, the trial was conducted.

(3.) AT the time of trial, in order to prove its case, the prosecution examined the following witnesses;