MOHAMMAD ZUBER NOORMOHAMAD CHANGWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, who is a maulvi teaching Quran to the pupil, was charged for the offence punishable under Sec. 376 of the Indian Penal Code for having committed rape on a nine-year old girl named Sidiqua Mirmohmad. At the end of the trial, the learned Additional Sessions Judge, Banaskantha at Palanpur, vide his judgment and order dated 7-10-1995 in Sessions Case No. 123 of 1993 convicted him for the said offence and sentenced him to undergo R.I. for ten years and to pay a fine of Rs.10,000/- in default to undergo further R.I. for three months. The appellant has challenged the said judgment and order of conviction and sentence.

(2.) While admitting the appeal by a Division Bench of this Court on 23-11-1995, not only the bail was refused to the appellant but a notice for enhancement of sentence was also issued against him.

(3.) The prosecutrix Sidiqua Mirmohmad, in her complaint, Ex. 63, taken down by P.S.I. Chhatrasinh Jadav (PW 10, Ex. 77), has stated that she is residing with her father and studying in IVth standard. On 10-7-1995 at about 3-00 p.m. she had gone to Madresa situated in Jampura Mumanvas mosque street where the appellant was working as a teacher. The appellant was all alone and no other students were there. The appellant took her to a room, removed her Ijar (trousers) and after laying her down committed illicit act with her with the result blood oozed out from her private part. She, after putting on Ijar went to her house and informed her mother Rehmatben (PW 8, Ex. 72) who took her to the hospital. In the hospital, her father Mirmohmad (PW 6, Ex. 68) came and he was also informed about the incident. P.S.I. Jadav (1) 5 of Palanpur City Police Station, who took down the complaint of the prosecutrix in the Civil Hospital, Palanpur at about 7-30 p.m., sent the same to P.S.O. Shambhupuri Maganpuri (PW 9, Ex. 73) of Palanpur City Police Station. At about 8-55 p.m., P.S.O. Shambhupuri registered the offence at Cr.No. 160 of 1995. The investigation was entrusted to Dahyabhai D. Makawana (PW 13, Ex. 81), P.S.I, of Simlagate Police Chowky at about 8-30 p.m. P.S.I. Makawana immediately went to the Civil Hospital and prepared a Panchnama, Ex. 45, of the physical condition of the prosecutrix, seized her clothes having blood stains and sent the same to the Forensic Science Laboratory. The Investigating Officer also recorded the statements of the witnesses.