PARMAR ANILKUMAR NAROTAMDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant (original accused No.2) has filed this Appeal under Section 374 Cr.P.C., against the Judgment and order of conviction and sentence dated 12.05.2008 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Patan, in Sessions Case No. 53 of 2007, whereby the learned Additional Sessions Judge has held the appellant (Ori. accused No.2) guilty for the offence punishable under Section 376 of I.P. Code and sentenced him to suffer Rigorous Imprisonment for 7 (seven) years and to pay a fine of Rs. 50,000/- i/d to further undergo RI for 3 (three) years. Learned Judge has also ordered that if the amount of fine is paid by the accused, the same shall be paid to the victim as compensation.

(2.) The brief facts of the case of prosecution are that when the prosecutrix was alone at her house, the appellant accused with other accused, taking the benefit of her loneliness, have committed the rape on the prosecutrix without her consent and after committing the rape on her they have also threatened the prosecutrix that if she told to anyone then her father would be killed. It is also alleged that thereafter also often they have committed the rape on the prosecutrix without her consent. It is alleged that due to this illegal act of the accused the prosecutrix became pregnant. Therefore, the complaint was lodged against the accused for the offences under Sections 376(4), 506(2), 114 of I.P. Code.

(3.) Necessary investigation was carried out by the Police. Offence was registered against the accused. 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 offence under Section 376 was triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. The learned Additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.