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2015 Supreme(Guj) 684

RAJESH H.SHUKLA
Dilipbhai Laljibhai Vadhel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Ashish M. Dagli
For the Respondent: H.L. Jani, APP

JUDGMENT :

Rajesh H. Shukla, J.

1. The present Appeal is directed against the judgment and order in Sessions Case No. 73 of 2007 by the learned Sessions Judge, Surendranagar dated 14.7.2008 recording the conviction of the Appellant - Original Accused for the offence under Sections 363, 366and also for the offence under Section 376 of the Indian Penal Code and imposing the sentence as recorded in the impugned judgment.

The facts of the case briefly summarized are as follows.

2. It is the case of the prosecution that the complainant - victim was studying in Vikas Vidyalaya and was staying in the hostel. The accused who is a relative of the victim, came to the hostel between 11 to 12 pm and took the victim with him on the ground that the mother of the victim had a snake bite. The warden of the hostel made the inquiry. However, considering the ground mentioned, she took the application Exh. 14 from the accused and allowed the victim to go with the accused. Thereafter the accused took the victim to the hotel near the bus stand at Surendranagar and committed the offence. Thereafter, on the next day he left the victim near the railway track from where the victim returned to the hostel and dis




































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