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2016 Supreme(Guj) 353

RAJESH H.SHUKLA
Kanubhai Bhikhabhai Raval – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Kruti M. Shah, Advocate
For Respondents/Defendant: H.L. Jani, Addl. Public Prosecutor

JUDGMENT

Rajesh H. Shukla, J.

1. The present appeal is directed against the impugned judgment and order rendered in Sessions Case No. 81/2013 (old Sessions Case No. 29/2013) by the Addl. Sessions Judge, Modasa recording acquittal of the appellant-original accused No. 1 for the offence under sec. 306 and also recording acquittal of original accused No. 2 for the offence under sec. 354, 509. However, conviction is recorded against the appellant-original accused No. 1 for the offence under sec. 354 and 509 of IPC and has also imposed sentence as stated in detail in the impugned judgment and order.

2. The facts of the case briefly summarized are as follows:

"2.1 The complainant victim was residing in the neighbourhood of the accused and whenever she was passing the accused is said to have harassed her by following her and holding her hand suggesting for illicit relationship which was declined by the complainant. The complainant victim is said to have suffered this for long since about 10 years. However, on 3.10.2012 when she had gone out for water and was returning, the appellant original accused No. 1 is said to have caught her hand which was seen by the husband who was also returning aft



























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