The court confirmed a conviction for murder and unnatural intercourse, emphasizing the strength of circumstantial evidence in linking the accused to the crime.

JUDGEMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 538 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE A.M.KAPADIA HONOURABLE MR.JUSTICE Z.K.SAIYED ========================================================= 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, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= RAMBAHADUR RIKHIRAM KSHATRIYA - Appellant(s) Versus STATE OF GUJARAT - Opponent(s) ========================================================= Appearance : THROUGH JAIL for Appellant(s) : 1,MS SADHANA SAGAR for Appellant(s) :

1, MR KC SHAH, APP for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.M.KAPADIA and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 26/08/2008 CAV JUDGMENT 2/17 JUDGMENT (Per : HONOURABLE MR.JUSTICE Z.K.SAIYED)

1. Appellant – ori. Accused was charged and tried by the learned Addl. Sessions Judge, Bharuch for the commission of offences punishable under Sections 302 , 377 read with sec. 201 of the Indian Penal Code ( for short “IPC”).

2. As per the prosecution case the appellant has committed carnal intercourse with male child against the order of nature and then due to the fear of penalty of said unnatural act, child Jabir Khan strangulated with bush- shirt and thereby the appellant – accused has committed murder of male child.

3. At the end of the trial, the appellant was found guilty of the offence of murder and carnal intercourse against the order of nature punishable under sec. 302, 377 and 201 of IPC. The appellant was, therefore, convicted vide impugned judgment and order dated 30.6.2001 and sentenced to imprisonment of life and a fine of Rs. 5000/- and in default, three years R/I and for the offence punishable under sec. 377 of IPC, he was sentenced to 3/17 JUDGMENT imprisonment of life and a fine of Rs. 5000/-, in default, further R/I for three years and under sec. 201 of IPC,he was sentenced to suffer 7 years imprisonment and a fine of Rs. 3000/-, in default, R/I for one year vide impugned judgment and order dated 30.6.2001 rendered in Sessions Case No. 127/2000 by the learned Addl. Sessions Judge, Bharuch.

4. The appellant-accused being aggrieved by the said judgment and order of conviction and sentence passed by the learned trial Judge, has preferred this appeal under sec. 374 of Code of Criminal Procedure.

5. As per the prosecution case, Jalilkhan Munsirazakhan Pathan was residing at M.C. Bav Chemicals, Plot No. A/1 1101 Panoli G.I.D.C., Taluka Ankleshwar with his wife and son Jabirkhan , student of lower K.G.of National High School, G.I.D.C., Ankleshwar. Due to the holiday of Dhuleti on 20.3.2000 master Jabirkhan was at home and at about 11.00 am he went out for playing and at the time of lunch at about 11.30 am he was not found. On inquiry in the surroundings and also search was made at nearest villages, he was not found out 4/17 JUDGMENT and inquiry was continued.

6. On 21.3.2000 parents have inquired about whereabouts of their son at different villages. On 21.3.2000 Jalilkhan and Dalits Vir Singh and Gumansingh were also searching master Jabirkhan at 7.00 pm. When they were making search in the bathroom of Motilal Kimpers Company which was situated opp