SURESHBHAI KANUBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Appellant - original accused has filed this Appeal under Section 374 of Code of Criminal Procedure against the judgment and order of conviction and sentence dated 07.07.2005 passed by the learned Special Judge & Presiding Officer, Fast Track Court No. 2, Dahod, in Special Case No. 18 of 2004, whereby the learned Special Judge has held the Appellant - accused guilty for the offence punishable under Section 363 read with Section 114 of I.P. Code and sentenced him to suffer Rigorous Imprisonment for 5 years with fine of Rs. 1,000/ - i/d to further undergo SI for three months.

(2.) THE brief facts of the case of prosecution are that on 15.7.2004 at 20.00 hours the Appellant (original accused) and the accused No. 1 have kidnapped the victim and abused her and by threatening her they took the victim at Vadodara in a rickshaw of accused No. 3 where the accused Nos. 1 and 3 have done the intercourse with the victim without her will and consent. It is also alleged that all the accused have insulted the victim about her caste. Thereafter on 19.7.2004 the complaint was lodged against the Appellant (original accused No. 2) and two other accused with Dahod Rural Police station. Offence under Sections 363, 366, 376, 504, 506(2), 212, 114 of I.P. Code and under Section 3(1), 11, 12 of the Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act was registered against the accused..

(3.) NECESSARY investigation was carried out by the Police. The statements of the complainant and other witnesses were recorded. Thereafter, after completion of investigation the charge -sheet against the accused came to be submitted before the Court. As the offences were triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. The learned Special Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.