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2016 Supreme(Guj) 671

RAJESH H.SHUKLA
Jayeshbhai Chhaganbhai Prajapati – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :HCLS Committee and Pratik B. Barot, Advocate
For the Respondents: Hansa Punani, A.P.P.

JUDGMENT :

Rajesh H. Shukla, J.

1. The present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 filed by the appellant-original accused is directed against the impugned judgment and order rendered in Sessions Case No. 4/2012 by the Sessions Judge, Narmada, Rajpipla dated 13.03.2012 recording conviction and imposing sentence as stated in detail in the impugned judgment and order.

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

2.1 On 01.10.2011, the complainant-father had lodged a complaint with Sagbara Police Station alleging that minor daughter aged about 6 years had gone to the shop/stall of the accused in the evening at about 06:45 hours to get reel, at that time, the accused is said to have taken the victim inside the shop and had closed the curtain and, thereafter, taken out his penis opening zip and gave it to the victim and got it ejaculated. When one person viz., Shankarbhai came in search of the victim, he found it resulting in verbal altercation, for which, the complaint was lodged being C.R. No. I-36/2011 for the offence under Sections 354 and 342 of the Indian Penal Code. However, report was made for adding Sections376 and 511 of the Indian Pe





























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