NANDLAL KALABHAI PANDAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE revision applications are directed against the order dated 21st October, 2008 passed by the learned Additional Sessions Judge, Court No.19, Ahmedabad City, below applications Exhibits 11, 12 and 13 in Sessions Case No.229 of 2006, whereby the applications made by the revisionists, original accused No.5, 6 and 7, for being discharged of the offences punishable under Sections 120 -B, 292, 294, 295 and 420 of the Indian Penal Code as well as Section 67 of the Information Technology Act, 2000 and Sections 5 and 9 of the Prevention of Immoral Traffic Act, 1956 have been rejected.

(2.) CRIMINAL Revision Application No.726 of 2008 has been filed by accused No.7 - Nandlal Kalabhai Pandav, whereas Criminal Revision Application No.744 of 2008 has been filed by accused No.5 - Himmatbhai Purshottambhai Laheri and accused No.6 - Jayantibhai Nagjibhai. Since both these revision applications arise out of a common order, both were heard together and are decided by this common judgment.

(3.) THE facts of the case are that, on 25th January, 2005, the Ahmedabad City Crime Branch received an anonymous application wherein it was stated that video compact discs (CDs) of swamis of Swaminarayan Sampradaya sleeping with women inside the Swaminarayan temple were being seen everywhere. Women going to the temple were being enticed with the temptation of begetting sons and under the guise of religious rites, they had intercourse with them and their modesty was violated and such women with a view to protect their reputation, were not ready to come out in public. In view of the above, the religious sentiments of various believers of the Swaminarayan Sampradaya including sadhus and religious persons and lakhs of Haribhakts have been hurt. Pursuant to the aforesaid application, preliminary inquiry was carried out by the D.C.B. Police and an FIR came to be lodged by Mr. B.A. Patel, P.S.I. who had carried out the inquiry. Pursuant to the first information report, investigation was carried out by different police officers and at the conclusion of the investigation, the accused were arrested and charge -sheeted for the offences referred to hereinabove.