R/CR.A/19/2017 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL NO. 19 of 2017

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.G.URAIZEE

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

2 To be referred to the Reporter or not ?

3 Whether their Lordships wish to see the fair copy of the

judgment ?

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

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MANSUKHBHAI @ MUNNO MULUBHAI KALTHIYA

Versus

STATE OF GUJARAT

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Appearance:

for the PETITIONER(s) No. 1

MR.HITENDRA D RAJPUT(7224) for the PETITIONER(s) No. 1

MR KP RAVAL APP(2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE

Date : 14/12/2018

ORAL JUDGMENT

1.

The appellant – original accused has preferred this appeal

under Section 374 of the Code of Criminal Procedure, 1973

(“the Code” for short) to assail the judgment and order passed

by the learned Special Judge (POSCO) and Additional Sessions

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R/CR.A/19/2017 JUDGMENT

Judge, Junagadh, in Special (POSCO) Case No.41 of 2015, dated

30.12.2016, whereby the learned Special Judge has convicted

the appellant under Sections 354(A), 354(D), 506(2) of Indian

Penal Code and Section 8 of the Protection of Children From

Sexual Offences Act, 2012 (“POSCO Act” for short) and

directed to undergo following sentences:

Offences

Sentences

354(A) of IPC

2 years R.I.

354(D) of IPC

2 years R.I.

506(2) of IPC

2 years R.I.

8 of POSCO Act

4 years R.I. with fine of Rs.25,000/-, in

default, to further undergo 2 months

S.I.

2.

Prosecution case against the appellant as would culled

out from the impugned judgment is that:

2.1

P.W.1 prosecutrix / victim, who is also original

complainant and the appellant were neighbour. Son of the

appellant named Prince and P.W.1 Komal used to play together

and thereby both the families had familiarly relations. Alpaben,

who is wife of the appellant and his son Prince had gone to

Surat, while appellant and his daughter had stayed back at

Keshod. The appellant, therefore, called P.W.1 to his house for

preparing Roti. Therefore, P.W.1 and his brother Jenil had gone

to the house of the appellant. P.W.1 started preparing Roti,

while her brother Jenil and daughter of the appellant Komal

stayed in drawing room to watch T.V. In the meantime, the

appellant asked Jenil and Komal to go outside to play.

Accordingly, they left the house, whereupon the appellant

bolted the house from inside. Thereafter, the appellant caught

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R/CR.A/19/2017 JUDGMENT

P.W.1 by her hand and pulled her towards him. The appellant

thereafter, kissed her on her chick and neck. P.W.1 tried to

wriggle out from the clutches of the appellant, but the

appellant gaged her mouth and threatened her with her life, if

she disclosed the incident to anyone. The appellant touched

various parts of the body of P.W.1 inappropriately. P.W.1,

thereafter, was remained under constant tension and fear,

therefore, she shared her trauma with the Principal of school

Manju Madam, P.W.3, who telephonically called the parents of

P.W.1. Thereafter, complaint in respect of this incident was

lodged by P.W.1 with Keshod Police Station, where it came to

be registered vide C.R. No. I – 29/2015 for the offences

punishable under S