NARESHBHAI BACHUBHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment and order rendered by the Sessions Judge, Kheda at Nadiad in Sessions Case No. 104 of 2005 dated 15.9.2005 recording conviction for the offences under sections 363, 366 and 376 of Indian Penal Code and imposing sentence as stated in detail in the impugned judgment and order.

(2.) The facts of the case, briefly summarized, are as follows:

(3.) Learned advocate Shri Yadav referred to the papers and submitted that the victim had voluntarily accompanied the accused as it is evident from the material and evidence on record. He submitted that they had moved from place to place. He submitted that when they had moved from one place to another in public like transport vehicle or S.T. bus, there would be many people where she could have raised shout for help. He therefore submitted that it is a case or consent and she had voluntarily accompanied and the court below has failed to appreciate on this aspect.