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1998 Supreme(Online)(Guj) 3

GUJARAT HIGH COURT
, J
Mukeshbhai Nanubhai Patel v. State of Gujarat


Table of Content
1. facts of case leading to appeal for modification. (Para 1 , 2)
2. court's observations on victim compensation and needs. (Para 3 , 4)
3. ruling against unjustified interim maintenance. (Para 5)
4. final verdict and outcome of the application. (Para 6)

1. The accused - petitioner is facing trial for offence under S.376 of the I.P.C. in the Court of learned Addl. Sessions Judge, Valsad at Navsari. He was granted bail by order of the Addl. Sessions Judge dated 26-8-96. While granting bail, the learned Judge has imposed the condition that the accused - petitioners shall pay Rs. 700/- per month as compensation to the prosecutrix - Ranjanben till the disposal of the case. The petitioner has approached this Court under S.482 read with S.439 of the Cr. P. C. to modify the order dated 26-8-1996 and to quash and set aside the said condition.

2. The facts of the case is that on 18-8-1996, a complaint was lodged at Police Station, Valsad Rural stating that Ranjanben was raped by the accused. It is also alleged that the accused promised to marry with the prosecutrix. However, when she informed about her pregnancy, the accused betrayed her. The trial Judge, relying on the decision















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