KANUBHAI MOTIBHAI SOLANKI 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 16.3.2006 passed by the learned Addl. Sessions Judge, 12th Fast Track Court, Anand in Sessions Case No.78/2005,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. 2000/-, in default, to undergo further imprisonment of three months. The appellant is also convicted under sec. 506(2) of IPC and sentenced to undergo S/I for a period of six months and to pay a fine of Rs 500/- in default, to undergo further S/I for seven days. It was also ordered to the appellant by the learned Judge to pay Rs. 15000/- by way of compensation to the prosecutrix, 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:

(3.) That, before about five months from 21.12.2004, when prosecutrix along with witness Ganpatbhai @ Babubhai Mohanbhai Solanki were at the field of village Ankalawadi. Since the bullocks have returned to home, witness Ganpatbhai went to home to take back bullock, at that time, the appellant had found the prosecutrix was all alone in the field committed the rape, due to which she became pregnant. The appellant had taken the prosecutrix to the hospital for abortion, but it could not be done and, therefore, the appellant had threatened her to kill if she informs anything about the act.