Vasurbhai Bhurabhai Bela vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 2197

CHEEKATI MANAVENDRANATH ROY
Vasurbhai Bhurabhai Bela – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Jigesh K. Shah and J.F. Mehta
For the Respondents: Public Prosecutor

JUDGMENT :

Cheekati Manavendranath Roy, J.

1. In this Special Criminal Application filed under Article 227 of the Constitution of India, the petitioner prays to quash and set aside the order dated 22.08.2019 of the learned Judicial Magistrate First Class, Liliya framing additional charge under section 376 of Indian Penal Code, 1860 and to set aside the order dated 30.12.2020 passed by learned Additional Sessions Judge, Savarkundala confirming the order of the Magistrate in the Criminal Revision preferred before him.

2. Heard learned counsel for the petitioner Mr. Jigesh K Shah and learned Public Prosecutor for the State.

3. Facts leading to the lis in this application may be stated as follows:

The de facto complainant is an anganvadi worker working in anganvadi Centre of Liliya. It is stated that on 03.10.2017 at about 01:30 pm when she was on duty in the anganvadi Centre, the petitioner herein who is resident of Liliya entered the room in the office where she is working and insisted her to surrender to him and thereby hugged her with his forearm and laid her on the floor and inserted his hand in her blouse and gripped her chest and he has also inserted his finger in her vagina. When sh