HEMUBHAI BHAVUBHAI DODIYA-RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 16.08.2012 passed by the learned Additional Sessions Judge, Limbdi, in Sessions Case No.14 of 2012. The said case was registered against the appellant original accused for the offences punishable under Section 376 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for 10 years and fine of Rs.1000/, in default, R.I. for three months for the offence punishable under Section 376 of the Indian Penal Code.

(2.) BRIEF facts of the allegation made against the accused person of this case is that Pratapsinh Vakhatsinh Zala, aged about 57 years, occupation agriculture, residing behind Rughnathji Temple, Chuda has declared facts of his complaint and stated that he resides in Chuda village since birth and his vadi is situated on the road leading to Bandhari. He has four daughters and one son. Date of birth of the youngest daughter namely Bhavnaben is 28.12.1989. The complainant has further stated that not on this Sunday but on previous Sunday, Bhavna and her mother were discussing something in the afternoon. Therefore, he tried to know this discussion, but they did not tell anything. But, later on, upon too much insistence, both of them informed him that, "during last Navratri, exact day of navratri is not remembered, but on one of the days of the navratri, I had sent Bhavna to you in the vadi to give tiffin. I said, "right, I was in the vadi in the afternoon during the navratri. At that time, Bhavna came there to give tiffin at about 130 to 145hrs in afternoon and as I was engaged in work, I told her to hang the tiffin on the lemon tree and then to go home. Bhavna hanged the tiffin and left for home." Her mother told that while coming to home, vadi of Rughnathji Temple is situated after leaving about three vadi from our vadi which is cultivated by Dodiya Hemubhai Bhavubhai, resident of Chuda since last three years. Bhavna was passing from there. Thereafter, Bhavna started saying that "When I was coming towards our house after giving tiffin to you and when I came across the vadi of Rughnathji Temple, Hemubhai was standing at the gate of this vadi. As it was about 100 hrs in afternoon, no persons were found in surrounding area. Therefore, Hemubhai suddenly rushed and stood in front of me on the road. He caught hold of my upper arm and said 'come with me.' Therefore, I started shivering. Hemubhai put his other hand on my mouth and started dragging me towards crop of Bajara in the vadi and after about 15 chas (furrow of a plough), raising upper part of my punjabi dress he untied string of my trousers with his hands. He made me lie down and took off my pyjama. I struggled a lot to get rid of him but could not do anything against his strength. Thereafter, he removed his dhoti, made me lie down supine and came over me and as I resisted him with hands, he caught hold of both my hands and started sexual intercourse with me. This continued for half an hour. Thereafter, he got down from me, wore his dhoti and told me that 'If you tell about this to anyone, I will kill your father and your brother. So, I got up trembling. After wearing my trousers lying nearby, I came out of the field crying and came to my home. I did not tell about this to anyone due to fear and shame. I am still afraid that if I tell this to anyone, my parents and brother would be killed by Hemubhai. Therefore, I consoled my daughter Bhavna that no one will be able to harm me and your brother. Thereafter, I discussed with my relatives regarding this incident and as all agreed, I have come to lodge this complaint. Stating the same, a complaint has been lodged against the accused to take action.

(3.) THE case of the Prosecution is that PSI Ghanshyamsinh Mansinh Zala was present as PSI in Chuda Police Station on 3.4.2007. At that time, the complainant Pratapsinh Vakhatsinh Zala came personally and declared facts of his complaint that during last Navratri at about 1200 hours in afternoon, his daughter Bhavna came to give him tiffin in his vadi. When she was returning home after giving the tiffin, Hemubhai made her daughter stop on the road near the vadi of Rughnathji situated on the road leading to Andhara, caught hold of her upper arm, put his hand on her mouth and took her in his vadi by dragging her and raped her against her wish and will in the standing crop of Bajra. As his wife and daughter told him about this and after consulting his relatives, he has come to lodge a complaint. Hence the complaint was lodged.