BHARAT MANSUKHBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment and order of conviction and sentence dated 30th November 2006 passed by the learned Additional Sessions Judge, Fast Track Court, Porbandar, in Sessions Case No.34 of 2005, whereby the learned Judge has convicted the appellant-accused under Sections 376 of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 15th May 2005 at about 08:00 hours in the morning, someone came from behind, snatched her chunni and put a cloth in her mouth. IT is also the case of the complainant that she could not see anything while rape was committed. Because of this, the prosecutrix cried and therefore, her father came there. The appellant was beaten by the family members of the prosecutirx. In the evening hours, the prosecutrix narrated the incident to her mother and thereafter, complaint was lodged. Panchnama of seen of offence was drawn in presence of two panchas and statements of witnesses were recorded.

(3.) THEREAFTER, trial was conducted before the learned Additional Sessions Judge. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence.