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Bilkeesbanojudgement2008.Pdf 1 SC634-04 11 1))1 7•6) \ ek Ex.No.529 IN THE COURT OF SPECIAL JUDGE FOR GR.MUMBAI AT MUMBAI SESSIONS CASE NO. 634 OF 2004 The State of Gujarat ...Complainant Versus 1. Jaswantbhai Chaturbhai Nai, aged 50 yrs., residing at Singwad, Tal. Limkheda, Dist. Dahod, Gujarat. 2. Govindbhai Nai, aged 40 yrs., residing at Singwad, Tal. Limkheda, Dist. Mhod, Gujarat. 3. Nareshkumar Ramanlal Modhiya (Since deceased) 4. Shailesh Chimanlal Bhatt, aged 47 yrs., residing at Singwad, Tal. Limkheda, Dist. Dahod, Gujarat. 5. Radheshyam Bhagwandas Shah @ Lala Vakil, aged 31 yrs., residing at Singwal41 3" Tal. Limkheda, Dist. Dahod, f(15 3- 1"-- 0-\ Gujarat. - LIJ (\Pe!, Li h/._ 6. Bipinchandra Kanaiyalal Joshi l'a .0 @ Lala Doctor, aged 42 yrs., residing at Singwad, R r Tal. Limkheda, Dist. Dahod, Gujarat. 4 g m 1 °1 7. Kesharbhai Khimabhai,Vohania, 4'1 1 11 g aged 39 yrs., residing at Singwad, . , Tal. Limkheda, Dist. Dahod, Gujarat. 8. Pradip Ramanlal Modhiya, aged 39 yrs., residing at Singwad, Tal. Limkheda, Dist. Dahod, Gujarat 9. Bakabhai Khimabhai Vohania, 1 '.. - aged 41 yrs., residin 0 Tal. Limkheda, Dist. gDahod, at Singwad, Gujarat. 10.Rajubhai Babulal Soni, aged 44 yrs., residing at ) Tal. Limkheda, Dist. Dahod,Singwad, Gujarat. 1 11.M1tesh Chimanlal Bhatt, aged 43 yrs., residing at Singwad, Tal. Limkheda,,Dist, Dahod, Gujarat. ) 12 Ramesh Rupabhai Chandana, aged 41 yrs., residing at Singwad, Tal. Limkheda, Dist. Dahod, Gujarat. 13.Narpatsingh Ranchodbhai Patel, aged 47 yrs., residingat Bhatwada, Tal. Devgad Baria, Dist. Dahod, Gujarat. 14.Idris Abdul Saiyed, aged 49 yrs., residing at Gulabwadi ) Police Line, PSI Quarters No.1, Hetharpalia, Junagad. 15.Bhikhabai Ramjibhai Patel, ) aged 62 yrs., residing at C-79, Samrajya Society., Near Gadkhol Palia, Post. Ankleshwar, Dist. Bharuch. 6.Ramsingh Mitlibhai Bhabhor, aged 57 yrs., residin Society, College g at Satyaprakash Dist. Panchmahals,Road, Gujarat. Santrampur, 17.Somabhai Koyabhai Gori, "*;c3zes.,:ex;i0101..1 aged 42 yrs., residin g at Gochar, Santrampur, Dist Gujarat. Dist. Panchmahals, 1 8.R•S• @ Ramabhai Bhagora, ) aged 47 yrs., residing at Maheru, Tal. Bhilad Dist. Sabarkatha, 1 Gujarat, SC634-04 I9.Dr.Arunkumar Ramkishan Prasad, aged 36, residing at Narayan Pipra, Dist. Siwan, Bihar. 20.Dr.Mrs.Sangeeta Arunkumar Prasad, aged 38 yrs., residing at Narayan Pipra, Dist. Siwan, Bihar. ...Accused CORAM :HIS HONOUR THE SPECIAL JUDGE, SHRI U.D.SALVI. COURT ROOM NO.49. DATED : 4, 5, 7, 11, 12, 13, 14, 15, 17, 18, 19,20, 28, 31/12/2007, 1, 2, 3, 4, 7 to 11, 14 to 18 and 21/1/2008. Mr. R.K.Shah with Ms.Nayana B.Bhatt, Special Public Prosecutors, for the State/CBI. Mr. H.H.Ponda, Advocate, for the Accused.No.1 Mr.S.K.Jain with Mr.Sarvate, Advocates, for the accused. Nos.2, 4, 5 & 6 and 13 to 20. Mr.G.G.Solanki,Advocate for the Accused.Nos.7to 12. ORAL JUDGMENT (Dictated in open Court) 1. The accused No.1-Jaswantbhai Nai to Accused.No.12-Ramesh Chandana, all residents. of R( i.4village Singwad Randhikpur, Dist. Dahod, Gujarat, '"iY ' \PI the Accd.No.13-Narpatsingh Ranchhodbhai to .No.18-Ramsingh Bhabhor, all police officials the State of Gujarat, and the Accd.No.19- .Arun Kumar Prasad and his wife, the Accd.No.20- Dr.Sangeeta Arunkumar Prasad, both Medical Officers from the State of Gujarat, along with unknown persons, have been arraigned in the present case for the commission of variety of offences as 4 SC634-04 under:- (i) The Accd.No.1-Jaswantbhai Nai to the Accd. No.12-Ramesh Chandana,and No.13-Narpatsingh 1 Ranchhodbhai to the Accd.No.18-Ramsingh Bhabhor, along with unknown persons, for the commission of the offences punishable under Sections 120-B r/w Sec.143, 147, 148, 302, 1 376,201, 217, 218 of I.P.C., 1860; (ii) the Accd.No.1-Jaswant Nai to Accd.No.12- Ramesh Chandana, along with unknown persons, for the commission of the offences a punishable u/s 143, 147, 148,302 r/w Sec.34 alternatively r/w Sec.149, 376(2)(e) & (g) of I.P.C., 1860; (iii) the Accd.No.13-Narpatsingh Ranchhodbhai to the Accd.No.20-Dr.Sangeeta Arunkumar Prasad a for the commission of the offence punishable u/s 201 r/w Sec.34 of I.P.C., 1860; the Accd.No.17-Somabhai Gori for the of the offences punishable u/s 217 nd 218 of I.P.C., 1860; the Accd.No.13-Narpatsingh Ranchhodbhai to Accd.no.16-Ramsingh Bhabhor and Accd.No.18- B.S.Bhagora for the commission of the offences punishable u/s 217 r/w Sec.34 and 218 r/w Sec.34 of I.P.C., 1860; and (vi ) the Accd.No.19-Dr.Arunkumar Prasad and Accd. 5 .50534-04 No.20-Dr.Sangeeta Arunkumar Prasad for the commission of the offences punishable u/s 217, 218 r/w Sec.34 of I.P.C., 1860. 2. Unique feature of this case is that one Bilkisbano (hereinafter referred to as 'the prosecutrix') with the assistance of National Human Rights Commission (NHRC) could manage to move the Hon'ble Supreme Court and, thereafter, the case was investigated by the CBI and ultimately transferred to the State of Maharashtra for trial on the orders of the Hon'ble Supreme Court. 3. Concisely, the prosecution case is as under:- (i) Large scale communal riots resulting in genocide erupted in the State of Gujarat following the call for Gujarat Bandh given by Vishva Hindu Parishad (VHP) in conjunction with Bajrang Dal on 28.2.2002. Apparently the immediate reason for this .rn call was death of Hindu Kar Sevaks in burning of 10 07 Sabarmati Express at Godhra Railway Station on ,0111.4 'it 27.2.2002. Bhartiya Janata Party (BJP), which had • close links with VHP and Bajrang Dal, was in the seat of power in the State of Gujarat at the material time. (ii) A small village Randhikpur, Taluka Limkheda, 1 6 S C634-04 District Dahod in Gujarat was no exception to the outbreak of communal riots. There were incidents of 1 arson and looting in the village Randhikpur from 1 the morning of 28.2.2002. Consequently, there was 1 exodus of Muslims from village Randhikpur in search 1 of safety. The prosecutrix, along with some members 1 of her family, fled from Randhikpur on 28.2.2002. 1 (iii) After leaving Randhikpur, the prosecutrix and her family members initially sought refuge at the residence of one Kadkyabhai, a Sarpanch of village Randhikpur, and stayed for about 1 or 2 hours; and thereafter they went to village Chunadi and stayed at a school near the residence of Mr.Bijalbhai Damor at village Chunadi for about a 1 couple of hours; and thereafter went to village Kuvajal and took refuge in the village mosque. (iv) At Kuvajal, Shamim, cousin of the prosecu- 0 trix, delivered a baby girl at the house of one Jaitunbibi, a village midwife. Next day around noon all of them went to village Khudra. On the way to village Khudra, one person from Nayak tribe took 1 pity on them and arranged for their stay at his place for about two days; and thereafter in the 1 early morning they cleft his place for village Sarjumi. After passing through the fields of 1 . village Chhaparwad they came on a Kachcha road 1 leading to village Pannivel. While they were moving 1 7 SC634-04 on the Kachcha road leading to village Pannivel 25 to 30 persons carrying weapons like swords, sickles and sticks came shouting "Aa rahya Musalmano, emane maaro, kaato" (these are the Muslims, kill them, cut them) in two white vehicles. The Accusedd.No.1- Jaswant Nai to Accused.No.12-Ramesh Chandana were amongst the said 25 to 30 persons who alighted from the said vehicles at the spot. (v) The Accused.No.4-Shailesh Bhatt snatched Saleha, the minor daughter of the prosecutrix from her hands and smashed her on the rocky ground to death. The A/1-Jaswant, A/2-Govind Nai and the deceased accused Naresh Mordiya original Accd.No.3) caught the prosecutrix and tore her clothes despite her pleadings to spare her, The A/1-Jaswant Nai, A/2-Govind Nai and deceased accused Naresh Mordiya raped the prosecutrix ....- thereafter. MeanVii*, the A/5-Radheshyam @ Lala Vakil, A/6-Bipinchandra Joshi @ Lala Doctor, A/7- Kesharbhai Vohania, A/8-Pradip Vohania, A/9- Bakabhai Vohania, A/10-Rajubhai Soni, A/11-Mitesh hatt and A/12-Ramesh Chandana and others remained engaged in the acts of sexual assault, rape and killing of the family members accompanying the prosecutrix. (vi). The prosecutrix became unconscious making her assailants to believe that she was dead. One or 8 SC634-04 two hours thereafter the prosecutrix regained consciousness and found herself naked. She looked around for some cloth to cover herself and could find her petticoat lying in the vicinity. She put on the petticoat, climbed the hill along the Kachcha road and stayed overnight at the top of the hillock. (vii) Next day morning, she came down the hillock and went to a hand-pump, where she happened to meet one Adivasi woman. This Adivasi woman provided the prosecutrix with blouse and Odhani. (viii) On seeing a man in uniform near one vehicle on the Kachcha road the prosecutrix approached him. The man in uniform thereafter took the prosecutrix to Limkheda Police Station in his vehicle. (ix) At Limkheda Police Station, the prosecutrix narrated the facts before A/17-Somabhai Gori, a Police Head Constable on duty at Limkheda Police Station on 4.3.2002.
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