LAWS(GJH)-2017-4-515

SARFARAZBHAI @ SALIMBHAI BHIKHABHAI CHAUHAN Vs. STATE OF GUJARAT

Decided On April 26, 2017
Sarfarazbhai @ Salimbhai Bhikhabhai Chauhan Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present application is under section 438 of the Code of Criminal Procedure, 1973.

(2.) In connection with the First Information Report bearing Crime Register No. I-34 of 2017 registered with Kapodra Police Station, Surat, on 10.02.2017, for the offence under Section 376 of the Indian Penal Code, 1860, this application is presented by the applicant.

(3.) According to the first informant, she had gone to a place of tuition at Aadarshnagar Society to bring her son. At that time, one unknown person came in a car and gave his mobile number writing it in a cheat to the first informant, asking the first informant to telephone him on that number. Thereafter, both started talking on the said number. The person identified himself as Samir. On 27.01.2017, in the morning hours, said Samir asked the first informant to come and meet him at a particular place, to which the first informant stated that she was going at a particular place in the noon on that day. Thereafter, they both met at the agreed place. Both sat in the car and had talks. Thereafter, as the allegations proceeds, both went in a car to a hotel and in the room of the hotel, they maintained physical relationship. The complainant stated that she refused but the physical relationship was done by the applicant. Such act was repeated and it was alleged by the first informant that she was forceably enticed and under threat she went and maintained physical relationship with said Samir.