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2024 Supreme(Guj) 56

J. C. DOSHI
Sunitaben W/o Vijaybahi Harishchandra Batunge – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VEDANT RAJGURU, MR AJ YAGNIK
For the Respondent: MR ARVIND K THAKUR, MR KS TAMAYACHE, MS AV PATEL, PUBLIC PROSECUTOR

JUDGMENT :

Rule. Learned APP waives service of Rule for Respondent Nos.1 and 2 and learned Advocate, Mr. Thakur, waives for Respondent No.3-original accused.

1. At the outset, relevant it would be to refer to the observations made by the Hon’ble Apex Court in the case of ‘Bhagwan Singh vs. Dilip Kumar @ Deepu @ Depak And Another’, reported in 2023 SCC Online SC 1059, recording that ‘Rape’ is a heinous crime and a blow on the dignity of women. The relevant observations made by the Apex Court at Paragraph-18 thereof, reads thus;

    “18. The offence alleged in the instant case is heinous and would be a onslaught on the dignity of the womanhood and the age old principle of " OTHER LANGUAGE

(where women are respected Gods live there) would recede to the background and the guilty not being punished by process of law or accused persons are allowed to move around freely in the society or in spite of there being prima facie material being present they are allowed to move around freely in the society before guilt is proved and are likely to indulge in either threatening the prosecution witnesses or inducing them in any manner to jettison the criminal justice system, then the superior court will hav

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