RAJESHBHAI DAMUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 06. 07. 2005 passed by the learned earned Additional Sessions Judge, Valsad in Session Case No. 534 of 2002 whereby the accused was convicted for the offence under Section 376 of the Indian Penal Code.

(2.) THE complainant Ranguben wd/o Shankarbhai Dhedabhai had filed complaint on 21. 07. 2001. She had one daughter Guli who is deaf and dumb and one son whose name is Pravin. The appellant-convict Rajesh Damu Dhodina by deceiving her daughter committed rape because of which she became pregnant. The appellant-convict is unmarried and her daughter is also unmarried. The complainant thought in this situation the appellant will be ready to keep her daughter. Therefore, the complainant had taken her daughter for treatment in Marol and Sanjan in the hospital. On 22. 17. 1997 the daughter of the complainant delivered two baby boys from which one died and one is alive. The registration of birth was made to Talati of Maroli village and name of appellant was written in the birth certificate. The complainant was thinking that when the appellant came he will keep her daughter. Therefore, she had not filed any complaint against the accused. The appellant married to one Hinaben on 05. 03. 2001. Therefore, the complaint was lodged against the appellant before Umargam Police Station.

(3.) WHEN the appeal has come up for hearing, Mr. E. E. Saiyed, learned advocate appearing on behalf of the appellant has stated at the bar that he would restrict his arguments only on the point of sentence.