JAMALAHMED NAZIRAHMED ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be tried by the City Sessions Court, Ahmedabad, in Sessions Case No. 173/2003, for the offences punishable under Sections 498-A, 376, 342 and 506 of the Indian Penal Code, along with co-accused Jalalahmed Nazirahmed Ansari and Zubedabanu Nazirahmed Alijan Ansari, his brother and mother, respectively.

(2.) THE case of the prosecution is that the appellant was staying in a joint family along with the co-accused. The wife of co. accused Jalalahmed Ansari lodged a complaint dated 8. 11. 2001 (Exh. 21) with the Assistant Commissioner of Police, 'h' Division, Bapunagar, Ahmedabad, against three accused persons, for the offences punishable under Sections 498 (A), 323, 294 (B), 376, 366, 506 (2), 341 and 114 of the Indian Penal Code, alleging that after her marriage with accused Jalalahmed, she delivered a son, Mohmed Irfan. However, she was meted out with harassment and cruelty by her brother-in-law, Jamalahmed (appellant) and mother-in-law Zubedabanu. In the said complaint, she also alleged that on 2. 11. 2001, when the family members had gone to offer Namaz at 1. 30 P. M, and there was no one in the house or in the neighbouring houses, the appellant came home from his work, and noticing that the complainant was all alone in the house, he shut down the door of the house from inside and intimidated her with knife and raped her and threatened her that she should not disclose this to anyone, or she would be done to death.

(3.) THE Court framed charge at Exh. 2, to which the accused persons pleaded not guilty and claimed to be tried.