RAFIQ YUSUFBHAI FULUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Ekant Ahuja, Ld. Advocate for the appellant and Ms. Chandarana, Ld. APP for the respondent State.

(2.) Appellant has been convicted for the offences punishable under sections 363, 366 and 376 of the Indian Penal Code by the impugned judgment and order dated 25/5/2006 in Sessions Case No. 7/2005 by the Addl. Sessions Judge, Vyara, whereby appellant was awarded sentence of one and half years, 3 years and 7 years respectively with fine of Rs.500/-, Rs.1000/- and Rs.1000/- and in default of payment of fine, rigorous imprisonment for 2 months, 3 months and 6 months respectively for the above sections.

(3.) Today learned advocate for the appellant has filed two affidavits one by Bachubhai Khandubhai Dodia, father of the victim and another of victim herself, namely Sangita now Rizwana Rafiq Yusufbhai Fulut. The said affidavits are to be taken on record. Father of the victim Bachubhai has categorically disclosed in his affidavit that the appellant and his daughter were having love affair and his daughter has willingly married the appellant, but initially since he was against this relation, he lodged the complaint. However, thereafter he has accepted the appellant as his son-in-law and both, the appellant and his daughter are staying happily together and they have a male child out of their wedlock and, therefore, he does not want to pursue his complaint any further looking to the welfare of his daughter. Therefore, he has no objection if they stay together. It is further stated that even at the relevant time, after lodging complaint, he has disclosed his no objection, but investigating agency did not agree to it and complaint was registered. It is also disclosed that the appellant and his daughter have got their marriage [Nikah] registered in the year 2008 under the Mohamedan Law.