HAMIDKHAN VAHIDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accusedappellant, herein, challenging the judgment and order of the learned 2nd Additional Sessions Judge, Dahod (for short, 'the Trial Court'), Dated : 12.02.2014, whereby, the trial Court convicted and sentenced the original accused as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the prosecutrix lodged a complaint before the Dahod Town Police Station, wherein, she stated that she along with her parents is residing in a rented house at Dahod. It is stated in the complaint that about 15 days prior to the alleged incident, the prosecutrix had gone to tailoring shop and at that time, the accused met her and told her that he lover her and that he would come to his house. However, the complainant did not inform anybody about the same out of fear. It is stated in the complaint that on 27.01.2010, while the mother of the complainant had gone to MP to attend a marriage and the prosecutrix was alone at home along with her younger sister and brothers, the accused came to her house and took her into adjoining room and threatened her to let him have sexual intercourse or he would kill her, and then, the accused had sexual intercourse with the prosecutrix against her will. Then, on 28.01.2010, the accused again entered into the house of the prosecutrix and had sexual intercourse with her against her will. On return of her mother from MP, the prosecutrix informed her about the alleged incident and lodged the complaint with the police. On registration of the complaint, police carried out investigation into the alleged offence and on finding sufficient evidence filed a charge -sheet against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) AT the time of trial, in order to establish the guilt of the accused, the prosecution examined the following witnesses;