RATILAL MAGANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appellant - original accused in Sessions Case No. 250 of 1994 was charged and tried by the learned Additional Sessions Judge, vadodara, for the offences punishable under Sections 376, 323 and 341 of Indian penal Code (for short "ipc" ).

(2.) THE facts of the prosecution case is that the complainant Maniben, wife of budhabhai Bhailal Vasava was staying at her paternal house at village Mata Bhagod, taluka Savli. She was married with budhabhai Bhailalbhai, resident of Satnagar village, Taluka Savli. but, due to family dispute her husband went away to Madras and since last 12 months from the date of incident, she was staying with her parents. During the married life with her husband one son named Ravji, aged about 7 years and daughter Kamla @ Parul, aged about 4 years were born. It is the case of the prosecution that on 20-6-1994 parental uncle of the complainant expired and for his funeral ceremony the complainant went to village Shikar Bhagol with her relatives and at that time her daughter Parul was also with her. When the complainant was busy in the said ceremony the prosecutrix was outside the house and at about 4. 00 p. m. she came back and was crying. On being asked the minor girl narrated about the incident. Her clothes were also stained with blood. The prosecutrix explained to her mother complainant that when she was playing near the house at that time she was tempted by the present appellant accused. She was taken out by him at the field (place of incident)and committed the rape on her and then ran away. She also found some injuries on the cheeks. On inquiry the complainant found that the appellant accused Ratilal vasava has committed the rape on her minor daughter. Thereafter the complainant, with other persons and the accused, went to the police and filed complaint against the present appellant -accused at Savli Police station. The Police has registered the offence punishable under Sections 376, 323 and 341 of IPC. After registering the complaint the Panchnama was drawn. The prosecutrix and the appellant were sent for medical examination. The statement of witnesses were also recorded and thereafter on completion of investigation, the Police filed charge-sheet against the present appellant-accused.

(3.) WHEN the offence of rape was registered against the present appellant-accused, at that time, the accused with an intention to commit suicide, has jumped into the well but he survived and the police has also registered the case against him for the offence under Section 309 I. P. C. and the chargesheet was also filed. However, in the said case he was acquitted.