VENILAL HIRABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order dated 7.10.1988 rendered by learned Additional Sessions Judge, Surat in Sessions Case No.59/1988.

(2.) THE appellant was original accused charged with offences punishable under Sections 376, 504, 506(2) of the Indian Penal Code. Learned Additional Sessions Judge by his impugned judgement convicted the appellant under Section 376 read with Section 511 of the Indian Penal Code as well as Sections 504, 506(2) of the Indian Penal Code. He sentenced the appellant to three years of rigorous imprisonment and also imposed fine of Rs. 500/ -.

(3.) TO establish the charge, prosecution examined several witnesses before the trial Court. Gunvantbhai Chaganbhai -PW4, father of victim girl was examined at exh.14. He stated that his daughter was aged about 20 to 21 years on the date of deposition. She is dumb since birth. To express herself she can at the best make some sounds. On 28.11.1987 at about 2:30 in the afternoon, he was sleeping at his house. He had just returned from service. Victim girl was sleeping outside the house. He was woken up by his younger daughter Padma and was told that accused has dragged the victim inside the house of one Thakore Fakir. Witness could not get up immediately since he had kept awake till late at his service. When he ultimately went there he saw that front door of Thakore Fakir's house was closed. His house was right opposite his own house. He kicked open the door and entered the house. He found that the accused was lying on top of his daughter. His daughter was lying on the floor in the kitchen. The accused had removed his Pant. His one hand was on the mouth of victim. Victim's underwear was removed. Since he entered the house, the accused adjusted his Pant and ran away. At that time, he could see that his male organ was erect. The accused ran away by jumping over the fence. The witness thereafter, brought his daughter home. After the incident, the witness met the uncle of the accused and advised him to contact the father of the accused. Next day, he went to meet the father of the accused who resides in a village about 10 kms. away from his house. He narrated the incident to the father of the accused who assured him that he will meet the witness in about three days and will resolve the issue. Since the father of the accused did not contact the witness for three days, he lodged the complaint before the police.