JITENDRA @ MUNNO MADHUKANT DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, original -accused, has challenged the judgment and order dated 21st May 2004 rendered by the learned Additional Sessions Judge, Junagadh in Sessions Case No.20 of 2003.

(2.) THE appellant was charged for offence punishable under section 363, 366 and 376 of the Indian Penal Code. The learned Judge convicted the appellant under section 376 of the Indian Penal Code and sentenced him to 7 years of rigorous imprisonment. Charge under section 363 and 366 was, however, not held to have been proved.

(3.) THE prosecution examined the victim girl as PW -5 at Ex.51. She stated that at the relevant time she was studying in 10th standard. She further stated that the accused used to often stand on the road from where she used to go to her school and tell her to marry him. She had also after some persuasion agreed to marry him. They used to move around together. They decided to meet on 24th December 2002 in a shop near their house and they decided to elope on 26th December 2002. As per plan, she met the appellant at the appointed time and place. They went to Junagadh by bus. Thereafter to Rajkot and in the evening to Ahmedabad by bus. They stayed at appellant's cousin brother Bhadresh's house. They rented a house at Krishnanagar in Ahmedabad. They also purchased some house -hold items. She stated that on 29th December 2002, the appellant had intercourse with her against her wish since she felt that the same can be done only after marriage.