VIPINBHAI @ VIPLABHAI PARSING RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. D.N. Pandya, learned advocate for the appellant at length and in detail, whereas, learned APP Mr. K.L. Pandya for the respondent -State.

(2.) The appellant herein has challenged his conviction and imprisonment of seven years RI with fine of Rs.5,000/ - and in event of non - payment of fine, further imprisonment of 18 months under Section 376 and six months imprisonment with fine of Rs.500/ - and in default of payment of fine, additional imprisonment of one year under Section 506(2) of Indian Penal Code (I.P.C.) as awarded by impugned judgment and order dated 23.11.2012 by third Additional Sessions Judge, Chhota Udepur in Session Case No.13 of 2012.

(3.) The case of the appellant is to the effect that the victim prosecutrix is married woman having two children and she was residing with husband but since she was not keeping well and could not cure her ailment even after treatment from Doctors, her uncle and aunty had brought her to the appellant for 'tantrik' treatment, where she has simply joined her in Hanuman temple in presence of other people. However, because the father of the victim is also acting as Bhuva like the appellant, she has filed a written complaint alleging commission of rape upon her by the appellant but she has washed her clothes and took bath after the so called incident and, therefore, there is no evidence regarding commission of such offence by him. It is further contended that in -fact, after filing such complaint of rape, victim and her father had demanded Rs.1,50,000/ - while sitting for compromise before community people and when appellant could not pay such amount and, thereby, when he has refused to pay it, false complaint is filed against him. It is further contended that his blood group is B positive, whereas, documentary evidence of FSL shows the blood group as AB positive and, therefore, there is no reason to believe that he has committed any offence. Hence, appellant has filed this Appeal challenging the conviction and seeking an acquittal from such allegations.