DILIPBHAI LALJIBHAI VADHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal is directed against the judgment and order in Sessions Case No. 73 of 2007 by the learned Sessions Judge, Surendranagar dated 14.7.2008 recording the conviction of the Appellant - Original Accused for the offence under Sections 363, 366 and also for the offence under Section 376 of the Indian Penal Code and imposing the sentence as recorded in the impugned judgment.

(2.) IT is the case of the prosecution that the complainant - victim was studying in Vikas Vidyalaya and was staying in the hostel. The accused who is a relative of the victim, came to the hostel between 11 to 12 pm and took the victim with him on the ground that the mother of the victim had a snake bite. The warden of the hostel made the inquiry. However, considering the ground mentioned, she took the application Exh. 14 from the accused and allowed the victim to go with the accused. Thereafter the accused took the victim to the hotel near the bus stand at Surendranagar and committed the offence. Thereafter, on the next day he left the victim near the railway track from where the victim returned to the hostel and disclosed the incident, which is produced on record at Exh. 15. Thereafter, the parents of the victim were summoned and the complaint was registered with Vadhvan police station which has been registered as FIR I -CR No. 100/2007 for the alleged offence under Sections 363, 366 and 376 IPC.

(3.) IN order to bring home the charges levelled against the accused the prosecution examined the witnesses including the victim and other witnesses and also produced the documentary evidence which shall be referred to hereinafter in the judgment.