CHHAGANBHAI BADHABHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant in this Criminal Appeal filed under Section 374(2) of the Criminal Procedure Code, 1973 is the original accused and he has preferred present Appeal against the judgment and order dated 24.1.2013 passed by the learned Session Judge, Amreli in Sessions Case No. 89 of 2011. The appellant was charged with commission of offence punishable under Sections 363, 366 and 376 of the Indian Penal Code.

(2.) BY the impugned judgment and order the accused - appellant is convicted and after recording conviction against present appellant for offence under Sections 363, 366 and 376 of the Indian Penal Code the learned trial Court has sentenced the appellant to undergo rigorous imprisonment for offence under Section 363 for two years and also to pay a fine of Rs. 2,000/ - in default to further undergo simple imprisonment of four months and for offence under Section 366 of the IPC the appellant - original accused is directed to undergo RI for five years and also to pay a fine of Rs. 3,000/ - and in default to further undergo SI for 6 month and for offence under Section 376 of IPC the appellant - original accused was directed to under go RI for 10 years and also to pay a fine of Rs. 5,000/ - and in default to further undergo simple imprisonment of one year.

(3.) LEARNED advocate for the appellant assailed the judgment on the ground that learned trial Court erred in not appreciating that the victim had travelled at different places with the appellant and stayed with him for about 4 months which establishes that she had willingly gone with the appellant and she was consenting partner for their physical and sexual relation. Learned advocate for the appellant also submitted that there is love affair between the appellant and the victim. He also submitted that the learned trial Court failed to appreciate and consider that upon physical - medical examination of the appellant any marks or sign of any external or internal injury were not found which established that the appellant had not forcibly committed sexual intercourse with the victim and the learned trial Court passed the impugned judgment convicting the appellant and sentenced him to undergo imprisonment without having regard to the said fact and medical evidence. The learned Counsel for the appellant relied on the decisions dated 8.5.2015 in case between R.K. Chauhan vs. State of Gujarat (Criminal Appeal Against Conviction) No. 399 of 2014.