ALLARAKHA OSMANBHAI JUNEJA Vs. SATATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is filed by the appellant - accused under Section 374 of the Code of Criminal Procedure, 1973 ( 'Cr.P.C. ' for short) whereby the challenge is made to the judgment and order of conviction dated 11th February, 2016 passed by the learned 9th Additional Sessions Judge, Rajkot at Dhoraji, in Sessions Case No.32 of 2013.

(2.) The case of the prosecution in nut-shell is that the original complainant - Iqbalbhai Hajiallarakkha Mandhra has lodged a complaint on 2nd July, 2013 before Dhoraji Police Station by alleging that, he is having two daughters and two sons in the family and the victim is one of the daughters of the complainant, who, at the relevant point of time, was aged about 16 years. The complainant is serving as a Driver in travel Company and thereby mitigating was the needs of the family. It is asserted in the complaint that, when on 29th June, 2013, at around 01:30 p.m. when he was on duty, the elder daughter Bilkish telephoned to the complainant and requested him to come to house urgently. As a result of it, at around 08:00 p.m., in the night, the complainant reached to the house wherein it was conveyed by elder daughter Bilkish that mother is having fever and when she and prosecutrix were both sleeping in the room at around 03:00 O 'clock in the night and when the wife of the complainant woke up, she could not find the prosecutrix in her bed as a result of which the family members have tried to search out the victim, who was studying in standard 10th and knowing Gujarati language but then upon an inquiry it has been found that in the neighborhood one Allarakha Osamanbhai Junaja i.e. present appellant - accused was also not found at the house as a result of which the complainant had to file complaint on 05.07.2013 before Dhoraji Police Station which was registered as C.R.I -No.64 of 2013 for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. The said complaint was sent for investigation and after completing process of investigation since the adequate material was found against the appellant - accused the Investigating Officer has filed charge sheet before the learned Judicial Magistrate First Class at Dhoraji on 2nd September, 2013 pursuant to which criminal case came to be registered being Criminal Case No.705 of 2013.

(3.) Since the offence was pertaining to the aforesaid provisions and since the learned Judicial Magistrate First Class was not having competence, after perusal of the paper it was found that case deserves to be committed to the Court of Sessions as a result of which in exercise jurisdiction under Section 209 of the Cr.P.C., the case was committed to the Court of Sessions by order dated 08.09.2013. Pursuant to the committal a specific charge of Sections 363, 366 and 376 of the Indian Penal Code, 1860 ( 'IPC ', for short) came to be framed at Exh.6 and a plea was recorded at Exh.7 of the appellant - accused wherein he denied the offences being committed. Hence, the case was put up for further process.