KESHUBHAI RAMJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 7.7.2008 passed by the learned Addl. Sessions Judge & Presiding Officer, Fast Track Court no. 5, Gondal at Dhoraji in Sessions Case No.55/2007, whereby, the learned Judge has convicted the appellant under sec. 376 of IPC and sentenced to undergo R/I for 7 years and to pay a fine of Rs. 100/-, in default, to undergo further S/I for one year. The appellant is also convicted under sec. 506(2) of IPC and sentenced to undergo R/I for a period of one year and to pay a fine of Rs 50/-, in default, to undergo further S/I for three months, which is impugned in this appeal. All the sentences were ordered to be run concurrently.

(2.) The brief facts of the prosecution case is as under: That on 9.2.1996, at about 1.00 hours in the night, the appellant-accused has committed rape on the prosecutrix by showing knife and also threatened her to kill if she informs about the rape committed by the appellant, to anybody.

(3.) Therefore a complaint came to be filed by the prosecutrix. The panchnama of the clothes put on by the victim was prepared in the presence of panch witness and statements of other witnesses were recorded and on completion of the investigation, charge-sheet was filed in the Court of learned Judicial Magistrate First Class, Dhoraji. Thereafter, as the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was given number as Sessions Case No.55/2007.