GOVINDBHAI SOMABHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the impugned judgment and order rendered in Sessions Case No. 97 of 2005 (old) and 5 of 2006 (New) by the learned Additional Sessions Judge, District Narmada at Rajpipla dated 5.4.2006 recording conviction of the Appellant / Original Accused for the offence under Section 376 of the Indian Penal Code and sentencing him as stated in detail in the impugned judgment and order.

(2.) As it transpires from the material and evidence on record, on 1.7.2005, the daughter of the complainant, who was studying in a primary school, had gone to the school. However, in the evening, when she returned from the school, she complained about pain in her stomach. Initially it was not viewed seriously by the complainant mother, but in the early morning, as the undergarments of the minor daughter of the complainant was found with blood stains, and thereafter, on an inquiry, the minor daughter is said to have stated that, on previous day, when she returned to the school after the recess, the Appellant / Original Accused, who is a teacher in the school had committed an offence of rape under Section 376 of the Indian Penal Code by laying her down in the class room. Therefore, the complainant mother had taken the victim to the Doctor at Vijay Maternity Home, where she was serving and was examined by the Doctors including the Gynecologist. The victim is also said to have stated that she was threatened by the accused that if she tells anybody she would be killed. Therefore, the victim was taken to the government hospital at Rajpipla where the Doctor had called the police. The complaint was registered by the police being I-CR No. 99 of 2005 for the offence under Section 376 IPC.

(3.) After the investigation was made, the charge sheet came to be filed.