JASWANTBHAI MATHURBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal is filed by the appellant -original accused being aggrieved by judgment and order dated 29.4.2006 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Godhra in Sessions Case No. 38 of 2006.

(2.) THE learned Additional Sessions Judge was pleased to convict the accused for offence under Sections 376 and 506(2) of the Indian Penal Code.

(3.) THE case of the prosecution is that, on the day of the incident, i.e. 21.12.2005, at around 2.30 hours, victim Kailashben, wife of Rameshbhai Manilal Chauhan alongwith her niece Parvatiben Laxmanbhai had gone to the well of Udabhai Dhulabhai Chauhan. While she was returning from the well, keeping the pot on the head alongwith her niece, Jashwant Mathurbhai Chauhan -accused caught hold of her sari and told her that she should accompany him in the canal. The complainant told him that, she is married and the accused should not tell the victim such things. On hearing this, the accused got enraged and pulled the complainant in the canal. He also threatened the complainant - victim and the niece of the victim to kill them if they raise any shouts. In the canal, the victim committed offence. The complaint was filed at Kaalol Police Station, which was registered as C.R. No. I -275 of 2005 for offence under Sections 376 and 506(2) of the Indian Penal Code. The offence was investigated by Police Sub Inspector Shri Dabhi. During the course of the investigation, the PSI sent the victim -complainant for medical examination. Her peticot was recovered under a panchnama. The panchnama of the scene of offence was drawn. The statements of the witnesses were recorded. The accused was arrested and sent for medical examination. The cloths of the accused were recovered under a panchnama. All the mudammal articles were sent to FSL, Vadodara for analysis.