JUDGMENT :

R.D. Kothari, J.

What is crime? This appeal raises the question. Unwed lady gave birth to a child at Civil Hospital, Chotila and that has finally led ASI to file complaint for offence under Section 376 of I.P.C. The material facts which raise above question are as under.

2. On 9.12.2007, one Bhavnaben, daughter of Jadav Khimabhai Koli, had given birth to a child. That Bhavnaben was unmarried. On making inquiry by the doctor, she alleged that one Lalabhai Dahyabhai has forcibly committed sexual intercourse with her, therefore she become pregnant. The doctor has reported this to Chotila Police Station and pursuant to that, station diary entry was made in the said police station. Pursuant to station diary entry, the police proceeded to record the statement of Bhavnaben. In her statement, she has not shown any interest in lodging the complaint against said Lalabhai Dahyabhai i.e. present accused. Ultimately, that has led police to lodge the present complaint.

3. Complaint followed by charge-sheet by police. The Additional Sessions Court, Limbdi has framed the charge for offence under Section 376(g) of I.P.C. and also for offence under Section 342 read with Section 114 of I.P.C.

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