MOHANLAL AMRAJI MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Mohanlal Amarji Marvadi, by this appeal from jail has brought under challenge the impugned judgment and order dated 21/04/1995, rendered in Atrocity Criminal Case No. 28 of 1994, passed by the learned City Sessions Judge, Ahmedabad, wherein he on his coming to be tried alongwith other three co-accused persons for the alleged offences punishable under Secs. 376, 342 and 34 of the Indian Penal Code, and under Secs. 3(1)(iii) and 3(1)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was convicted for the same (alongwith other co-accused) and sentenced to suffer (i) R. I. for 10 years and to pay a fine of Rs. 3,000.00 and in default to undergo further R. I. for six months; and (ii) R. I. for one year and a fine of Rs. 500.00 and in default, to undergo further S. I. for 1 month for the said two offences respectively.

(2.) . To state the earliest and afresh prosecution case as it gets unfolded through the F.I.R. (Exh. 52) lodged by PW-4 Manjula, the incident in question wherein she came to be allegedly raped by Mohanlal Amarji (appellant-accused) and thereafter her modesty outraged by Natubhai Gulabbhai Gadhvi (not before this Court) took place on 17-7-1994 at 6-00 p.m. in shed No. 13, Dhaval Estate, situated near Chakudia Mahadev, Rakhial, Ahmedabad. It is the case of the prosecutrix that she belongs to the Scheduled Caste. Further, according to her, on the aforesaid date and time, Nathubhai Karandan Gadhvi and Dilip Gulabsinh Gadhvi, who happen to be original accused Nos. 3 and 4 respectively serving as Watchmen came to her and under the pretext of calling her for fetching water took her to their office situated at Dhaval Estate. Thereafter, the said accused persons after rolling down the shutters confining her in the room went away, and though she raised shouts protesting about, none came to her rescue. Thereafter, Mohanlal Amarji and Natu Gulabdan Gadhvi, who were staying in the nearby hutments, entered the office by opening up the shutter, fell her down and in the process, the original accused No. 2 caught her hands and gagged her mouth. First, it was accused No. 1 who committed sexual intercourse with her. Thereafter, the accused No. 1 caught hold of her hands, and the accused No. 2 molested/outraged her modesty and thereafter, both went away. Thereafter, she also came out. At that time, accused No. 2 Natu slapped her and asked her to go away. To this Nathu and Dilip accused Nos. 3 and 4 respectively present there exclaimed 'do not beat her more, otherwise there will be a police case ..' Thereafter, she informed this incident to Lilaben - who happens to be wife of Natubhai, saying that her husband has outraged her modesty. It further appears from the record that on her way to the police station, she met PW-3, S.R.P. constable - Gabdulal Ramdayal Sagval and inquired from him as to where was the police station as she was raped. Thereafter, on reaching Rakhial Police Station, she gave a complaint (Exh. 52) before PW-10 P.S.I. J. A. Patel at about 8-00 p.m. Thereafter, PW-4 Manjula was taken to PW-1 Dr. R. J. Mankadia for her medical examination. On the basis of this information, all the four accused were arrested. They were also in turn got examined by the PW-1 and after the investigation was over, all of them came to be charge-sheeted to stand trial for the alleged offences punishable under Secs. 376, 342 and 34 of I.P.C. and Secs. 3(1)(iii) and 3(1(xi) of the Atrocities Act before the City Sessions Court at Ahmedabad.

(3.) . At trial, the appellant as well as the other co-accused persons pleaded not guilty and claimed to be tried. It was their case that they were falsely implicated. According to Natubhai Gulabbhai Gadhvi (not before this Court) he was a Watchman in Dhaval Estate near where PW-4 complainant - Manjula and Champak were coming for secret meeting since last about a week and that he had warned them not to come. Not only that but for this purpose, he had also given a complaint to the police, but the police did not pay any attention to this. It is further his case that about 3-4 times he had warned both Manjula and Champak not to come there. According to him, Manjula getting enraged over this issue with a view to take revenge has filed a false complaint against him. While according to the accused No. 3 Nathubhai Karandan Gadhvi also (not before this Court) he did not know Manjula or Motibhai. He came to Ahmedabad for service just 20 days before the alleged incident from Kathiyavad. He was arrested from his house on 18th. He is innocent and that he is falsely implicated. According to accused No. 4 Dilip Gulabsinh Gadhvi (not before this Court) he was driving a rickshaw. At about 12-00 when he returned home, the police came and arrested him. On police making inquiry, he said that he was knowing nothing about the incident. He is innocent and falsely implicated.