STEVAN CHHOTABHAI RAJWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order rendered by the Sessions Court, Bharuch at Rajpipla, on 15th March, 2004, in Sessions Case No. 71 of 2003.' The appellant came to be convicted for the offences punishable under Sections 493 and 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 15,000/ -, in default, to undergo simple imprisonment for two years for the offence punishable under Section 493, and to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,500/ -, in default, to undergo simple imprisonment for one year for the offence punishable under Section 376 I.P.C. The Court also ordered that out of the amount deposited by way of fine, Rs. 10,000/ - would be paid to the complainant as compensation.

(2.) COMPLAINANT Kapilaben, daughter of Rupjibhai Keliya Vasava, lodged an F.I.R. on 28 -9 -2002 (12 -8 -2002) against the appellant before the District Superintendent of Police, Narmada making charges for the offences punishable under Sections 493 and 376 of I.P.C., alleging that she is born on 1 -6 -1974, that, the appellant was her teacher in Indrajit Vidyalaya, Umarva and was teaching drawing etc. Around January, 1994, when she was about to complete her study in Std. 10, the appellant offered her help for admission and gave guidance about her education and came closure to her. According to the complaint, the appellant posed before the complainant as a bachelor and proposed her for marriage and promised that he may secure admission for her in Physical Training Course ('P.T.C.' for short) and would marry her. After passing Std. 10th Examination, she again took admission in Std. 11 in Kanya Vinay Mandir, Rajpipla and was staying in Girls' Hostel, where she was informed by the appellant -accused that arrangement for her admission to P.T.C. was made and then took her to Borsad. For going to Borsad, next morning, he took her to a hotel and established physical relationship against her will and in spite of her denials, and thereby, committed rape. Thereafter, the appellant represented before her that establishment of physical relationship is performance of marriage. According to the complainant, the appellant took her to village Umalla -Vaghpura and kept her over there and established physical relationship every day, which she permitted under a belief that he is her lawfully wedded husband. She, however, came to know, later on, that the appellant was a married person, having children, the eldest one being almost of her age.

(3.) WE have heard learned Senior Advocate Mr. N. D. Nanavaty appearing with learned Advocate Mr. Nirjar Buch for Nanavaty Advocates for the appellant, and learned A.P.P. Mr. U.R. Bhatt for the State. We have also examined the record and proceedings.