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2021 Supreme(Guj) 360

VIPUL M.PANCHOLI
ABC/Victim Thro Dineshbhai Gagubhai Rathod – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr PV Patadiya(5924)
For the Respondent: Mr DM Devnani, App

ORDER :

1. Rule. Learned APP Mr. D. M. Devnani waives service of notice of Rule for the respondent – State.

2. Heard learned advocate Mr. P. V. Patadiya for the petitioner and learned APP Mr. D. M. Devnani for the respondent – State.

3. Learned advocate for the petitioner submits that FIR being C.R.No.11202002211297 of 2021 registered with City 'C' Division Police Station, Jamnagar for the offences punishable under Sections 376(2)(j), 376(2)(n), 114, 506(2) of IPC and Sections 4, 5(L), 5(q), 8, 9(L) of POCSO Act. It is mainly alleged that the accused No.1 viz. Deepak came into contact with the complainant when she went for labour work at the factory of Shri Rameshbhai Dangar. Before about 5 months of lodging of the FIR, though the complainant was minor, she was taken by the accused No.1 inside a room of the factory and committed rape on her for the first time and thereafter also he had committed rape for about five times. Moreover, before about 4 months, the accused No.2 viz. Piyush – son of owner of the factory had also committed rape for the first time after calling the complainant inside the office of the factory and also threatened her to kill her and drive her out from the job if

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