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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D. M. VYAS, JJ
STATE OF GUJARAT – Appellant
Versus
RAMESH ALIAS RAKESH HARDASBHAI SOLANKI – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial facts. (Para 1 , 2) |
| 2. analysis of consent and sexual relationship dynamics. (Para 3) |
| 3. conclusion and summary of the court's decision. (Para 4 , 5) |
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. This appeal is preferred against the judgment dated 15.04.2013 passed in Sessions Case No. 44 of 2012 on the file of the learned 2nd Additional Sessions Judge, Khambhalia, whereby, the respondent, who is the sole accused in the said case, was acquitted of the charges for the offences punishable under Sections 376 and
506(2) of the Indian Penal Code , 1860 (IPC).
2. Facts of the prosecution lie in a narrow compass and may be stated as follow:
2.1 The victim girl is aged about 22 years and she is a major. There is a scrap shop situate opposite to her house. The accused used to come to the said shop. So both, the accused and the complainant, got acquaintance when he used to come to the said shop. It is stated that the accused expressed that he is in love with her and that he intends to marry her. Therefore, she accepted his proposal and they had a love affair. It is further stated that the accused promised to marry her and when s
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