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2015 Supreme(Guj) 590

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Anant S. Dave, Z.K. Saiyed, JJ.
Govindbhai Bodhabhai Mer - Appellant
Vs.
State of Gujarat - Respondent
Criminal Appeal No. 353 of 2011
Decided On: 18.09.2015

Advocates:
Advocate Appeared:
For the Appellant:Pratik B. Barot, Advocate
For the Respondent: Jirga Jhaveri, APP

The central legal point established in the judgment is the reliance on the testimonies of the victim, medical professionals, and panch witnesses, along with medical and scientific evidence, to prove the guilt of the accused beyond reasonable doubt.

Headnote:

Section 376 - Conviction and Sentence - Indian Penal Code

Fact of the Case:

The case involved the brutal rape of a 6-year-old victim by the accused, resulting in severe injuries and requiring extensive medical treatment. The prosecution presented oral and documentary evidence, including the testimonies of the victim, medical professionals, and panch witnesses, to establish the guilt of the accused.

Finding of the Court:

The court found the evidence presented by the prosecution to be compelling and proved the guilt of the accused beyond reasonable doubt. The testimonies of the victim and other witnesses, along with medical and scientific evidence, corroborated the nature of the incident and the manner in which the crime was committed. The court dismissed the appeal and confirmed the judgment and order of conviction and sentence.

Issues: The issues revolved around the credibility of the evidence presented by the prosecution, the reliability of the testimonies of the victim and other witnesses, and the severity of the crime committed by the accused.

Ratio Decidendi: The court relied on the testimonies of the victim, medical professionals, and panch witnesses, along with medical and scientific evidence, to establish the guilt of the accused beyond reasonable doubt. The court also emphasized the reliability of the child witness and the corroboration of evidence in reaching its decision.

Final Decision: The appeal under Section 374(2) of the Code of Criminal Procedure, 1973, was dismissed, and the judgment and order of conviction dated 29.4.2010 passed by the learned Additional Sessions Judge, Fast Track Court, Veraval, Camp at Una in Sessions Case No. 2 of 2009 was confirmed.

Judgment

Anant S. Dave, J.

1. This Appeal preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 ("Code, 1973"), arises out of judgment and order dated 29.4.2010 passed by the learned Additional Sessions Judge, Fast Track Court, Veraval, Camp at Una in Sessions Case No. 2 of 2009, whereby conviction and sentence for life imprisonment is awarded by the learned Judge for the offence under Section 376 of the Indian Penal Code and the Rs. 50,000/- is awarded to the victim towards the compensation.

2. As per the case of the prosecution, on 4.10.2008, daughter of the complainant was kidnapped by the appellant after closure of the primary school around 14:30 by alluring her to give Rs. 10/- and also threat was administered to the brother of the victim and thereafter, she was taken to the house of the accused, where he committed rape on her brutally with which the accused committed crime under Section 376 of the Indian Penal Code. A reference in detail would be made later on, but at the end of investigation, pursuant to the registration of FIR being CR I 48 of 2008 for the offences punishable under Sections 363 and 376 of the Indian Penal Code and on completing necessary procedure, the learned Judicial Magistrate First Class, Una, in exercise of power under Section 209 of the Code, 1973, committed the case to the learned Additional Sessions Judge, Veraval, where it was numbered as Sessions Case No. 2 of 2009 and later on, it was tried whereby the prosecution examined 14 witnesses and 35 documentary evidence and finally statement of the accused also came to be recorded under Section 313 of the Code, 1973, whereby charge was denied by the accused completely and finally came to be convicted by the trial Court as per the conviction and sentence recorded in earlier paras.

3. For the sake convenient, we refer following prosecution witnesses and documentary evidence:

Oral Evidences

Oral Evidences

1

Panch witness Devshankar Manishankar Joshi

Exh.-13

2

The victim Renukaben Bhanjibhai

Exh.-24

3

Witness Bhanjibhai Masribhi

Exh.-25

4

Witness Minaben w/o Masribhai

Exh.-27

5

Witness Dr. Bhavesh Gordhanbhai Tank

Exh.-28

6

Witness Dr. Laxmikant Kuberbhai Dabhi

Exh.-31

7

Witness Dr. TarlkYashi Bloch

Exh.-36

8

Panch witness Ashwinbhai Babubhai Kotecha

Exh.-39

9

Panch witness Bhikhabhai Mavjibhai

Exh.-41

10

Witness Dhirubhai Govindbhai Parmar

Exh.-43

11

Panch witness Bhalkhabhai Kanabhai

Exh.-44

12

Witness Dr. Nileshbhai Meramanbhai Aahir

Exh.-45

13

Investigating Officer Rakeshkumar P. Gharsandiya

Exh.-49

14

Investigating Officer Baldevsinh Bhavubha Jadeja

Exh.-68

Documentary Evidences

1

Panchnama of the local place of offence

Exh.-14

2

Panchnama of seizing cloths of the victim

Exh.-15

3

Original complaint

Exh.-26

4

Medical certificate of the victim (Junagadh)

Exh.-29

5

Case paper of the treatment at Junagadh

Exh.-30

6

Medical Certificate of the accused (Girgadhada)

Exh.-32

7

Letter of recommended medical to the accused

Exh.-33

8

Medical case papers (Girgadhada)

Exh.-34

9

Letter about sending samples of the accused

Exh.-35

10

Medical Certificate of the victim (Una)

Exh.-37

11

Case papers of the victim (Una)

Exh.-38

12

Arrest panchnama of the accused

Exh.-40

13

Discovery panchnama regarding the clothes of the accused

Exh.-42

14

Medical certificate of the victim (Rajkot)

Exh.-46

15

A yadi sent for getting certificate

Exh.-47

16

Case papers of the victim (Rajkot)

Exh.-48

17

Order of investigation

Exh.-50

18

Order of further investigation

Exh.-51

19

A letter for admit

















































































































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