DEVENDRA @ BANSI RAMKRULSINH PARIHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Public Prosecutor Mr. Mitesh Amin waives service of Rule for the respondent state, whereas learned advocate Mr. Soeb Bhoharia waives service of Rule on behalf of the private respondent. 1. 1 With the consent of learned advocates for the parties, the application is taken up for final consideration.

(2.) It is in connection with the First Information Report dated 29.11.2016 bearing Crime Register No. I-181 of 2016 registered with Nikol police station, Ahmedabad, for the alleged offences under sections 363, 376 and 506(2) of Indian Penal Code, 1860, that the present application under section 438 of Code of Criminal Procedure, 1973, presented before this court by the applicant accused.

(3.) The complainant was a lady, who stated that she and her family were staying at the given address and that her husband was in Sabarmati jail in connection with offence. On 11.02.2016, when the complainant had gone with her 7 years old son, who was to take his examination of first standard, near the school the applicant came with his motor car i-10 and stated to the complainant that he would help her to get her husband freed from the jail and asked her to seat down in the car. The complainant stated that she wanted to talk to him. The applicant accused thereafter took the car via Haridarshan chowkdi to a lonely place and started, according to the complainant, molesting her. It was alleged that the complainant objected to the act of the applicant, but she was threatened by showing some weapon. The Complainant thereafter stated that second time also the same story repeated, as the applicant came near the school with his car, took her in the car, and they had a sexual relationship. It was stated that after two days, he took her to a hotel and committed the same act. Also in her own house, when her mother-in-law and father-in-law were present in the house, the applicant committed a sexual act. The complainant stated that she was afraid of things therefore avoided to lodge complaint. Later gathered courage, the complainant was lodged, it was stated.