BHARVAD HAMIR VIHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal arises out of a judgement and order dated 25.2.1993. The appellant was the original accused. He was convicted under Section 376 read with Section 506(2) of the Indian Penal Code. He was sentenced to three years rigorous imprisonment and also directed to pay fine.

(2.) BROADLY stated, prosecution case was that the appellant original accused was residing in a house which was next to the house in which the complainant prosecutrix and her husband were residing on rent. About 10 days before filing of the complaint i.e. on 27.7.1990 the appellant entered the house of the complainant when her husband was away for work. He forcibly had sexual intercourse with her and also threatened to kill her if she disclosed to anybody. As per the complainant, the appellant had such forcible intercourse with her on few previous occasions also.

(3.) AT the outset, it may be noted that though the complainant had made detailed disclosure about the alleged incident in her complaint lodged before the police, in her deposition before the Court at exh.6 as PW1, she did not support the prosecution. In short the complainant, turned hostile and disowned the submissions made by her before the police. She was permitted to be cross examined by the APP. The fact however, remains that PW1 did not narrate before the Court the incident of alleged rape by the appellant.