VIPULKUMAR CHANDULAL TRIVEDI 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 21.11.2006 passed by the learned Addl. Sessions Judge, FTC No. 7, camp at Modasa in Sessions Case No. 63/2006 whereby, the learned Judge has convicted the appellant under sec. 363 of IPC and sentenced to undergo R/I for two years and to pay a fine of Rs. 1000/-, in default, to undergo S/I for three months. The appellant is also convicted under sec. 366 of IPC and sentenced to undergo R/I for a period of 3 years and to pay a fine of Rs 1000/-, in default, to undergo further S/I for three months. The appellant is also convicted under sec. 376 of IPC and sentenced to undergo R/I for 7 years, and to pay a fine of Rs. 1000/-, in default, to undergo S/I for three months, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) That on 28.12.2005, at about 20.00 hours, when the prosecutrix had gone to answer nature's call, at that time, the appellant and co-accused have caught hold of the prosecutrix and after beating and threatening her, abducted her and committed rape on her.