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2015 Supreme(Guj) 382

AKIL KURESHI, VIPUL M.PANCHOLI
State of Gujarat – Appellant
Versus
Jayantibhai Somabhai Khant – Respondent


JUDGMENT :

AKIL KURESHI, J.

These appeals arise out of the judgment of the learned Additional Sessions Judge, Vadodara, in Sessions Case No.151/2010. The accused was charged with offences punishable under Sections 376 and 506(2) of the IPC. He was convicted for the said offences. For offence under Section 376, he was sentenced to rigorous imprisonment for ten years. For offence under Section 506(2), he was sentenced to rigorous imprisonment for six months. Fine was also imposed. Accused has challenged his conviction in Criminal Appeal No. 863/2012. The State seeking enhancement of sentence has filed Criminal Appeal No.224/2012.

2. Briefly stated, the prosecution version was that Radha, daughter of the accused and the victim studied in the same school. In the month of February, 2009, the victim had gone to the house of her friend Radha for studying. The accused sent his daughter away for some errand and when he and the victim were alone, after closing the front door of the house, raped her. Victim was aged about 15 years at that time. Under the threat, she did not complain to anybody about this incident. However, nearly eight months later when her mother found out that she was pregnan























































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