MUKESHBHAI LAXMANBHAI MACHHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused -appellant, herein, seeking to assail the order of the learned Additional Sessions Judge, Bharuch, Dated : 07.04.1994, whereby, the accused was convicted and sentenced as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that a complaint came to be lodged by the prosecutrix before the police on 07.02.1990, wherein, she stated that her father has expired and she along with her mother, three sisters and one brother resides at Jadeshwar, Koli Faliya and she does household work along with her mother. It is, further, stated in the complaint that on the date of the alleged offence, i.e. on 05.02.1990 while the prosecutrix was going to grocery shop to make some purchases, at that time, the accused -appellant, herein, came there in an autorickshaw, bearing registration No. GRV 928, and forcefully made the prosecutrix get in the same. It is stated in the complaint that, though, the prosecutrix requested the accused to let her go, the accused did not allow her to do so and instead took her to Vadodara, at the house of his uncle. It is, then, stated in the complaint that at night, at his uncle's house, the accused had sexual intercourse with her and despite the fact that the prosecutrix was shouting for help nobody came to help her. Then the accused along with the prosecutrix left his uncle's place at about 04:00 a.m. and when they reached near Palej, there again he had sexual intercourse with the prosecutrix. Later on, when the accused took halt to have gutkha, the prosecutrix escaped. Later on, she filed the complaint in question. On registration of the offence, police carried out the investigation and on finding sufficient evidence filed a charge -sheet against the accused. At the time of trial, the accused did not plead guilty and claimed to be tried, and therefore, the case was committed before the competent Court for trial.

(3.) AT the time of trial, in order to establish the guilt of the accused, the prosecution examined the following witnesses; <FRM>JUDGEMENT_296_LAWS(GJH)1_2015.htm</FRM>