STATE OF GUJARAT Vs. RASULBHAI BHIKHABHAI GARASIA TANDALAJA

JUDGEMENT

(1.) STATE of Gujarat, by the present appeal, challenges the judgment and order dated 09.06.1987 passed by the Additional Sessions Judge, Baroda in Sessions Case No. 128 of 1985 acquitting the present respondent original accused of offences punishable under Sections 376 of the Penal Code.

(2.) BHIKHABHAI and Paniben had four sons and a daughter named Shehnaz. Shehnaz was youngest of the siblings. Around the time of incident, Shehnaz who was less than 16 years of age was occasionally working as a labour in the village fields. On 29.9.1983 at about 3 PM she had gone with Deviben and Dhaniben to the field of Becharbhai Baria situated in the sim of village Tandalja. Along with other labourers they were thrashing the paddy and accused Rasulbhai was supervising the work. They completed the thrashing work and at about 8.30 - 9 PM Shehnaz and Deviben went to the room constructed on the field to put the bags of thrashed rice. There, Becharbhai's mother gave Shehnaz tea for the labourers working in the field. Shehnaz carrying the kettle of tea and cups and saucers started walking back along with Savitaben and Deviben. At that time accused came there. He gagged her mouth and dragged to a nearby pit. He then got on top of her and raped her. All this time he had stuffed her mouth with the handkerchief. Thereafter, he left the place and Shehnaz returned to her house and informed her mother about the incident. Next day, Bhikhabhai and Shehnaz went to Sayajiganj Police Station and gave a complaint. As no action was taken by the police on their complaint, both of them met the Commissioner of Police and on his instructions a complaint was lodged on 5.10.1983.

(3.) AFTER trial, the accused was acquitted of the charge of rape. The learned Sessions Judge noticed that there was a delay of six days in lodging the FIR. He also found the evidence of the prosecutrix unreliable and in the absence of any other cogent and independent evidence acquitted the accused.