JITUBHAI NATHABHAI KHARAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeals are directed against the judgment and order dated 1.12.2007 passed by the learned Additional Sessions Judge and Fast Track Court, Bhavnagar at Mahuva in Sessions Case No. 218 of 1994 recording conviction of the Accused No.1 Vallabhbhai Naranbhai Kharak ("A-1") for offences under Sections 376, 366, 506(2) and 114 of the Indian Penal Code ("IPC") and imposing sentence as stated in the judgment. The conviction of Accused No.2 Jitubhai Nathabhai Kharak ("A-2") is recorded for the offences under Sections 366 and 114 of IPC and imposing the sentence as stated in the judgment and also recording conviction of Accused No.3-Rameshbhai Bhayabhai Koli ("A-3") for the offences under Sections 366 and 114 of IPC and awarding sentence as stated in the judgment. The sentences were ordered to run concurrently.

(2.) The facts of the case briefly stated are as follows:

(3.) On the basis of the complaint given by the complainant victim, the investigation was made and after the investigation was over, the charge sheet was filed. As the offences under Sections 376, 366, 506(2) and 114 of IPC were exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter the learned Additional Sessions Judge and Fast Track Court at Mahuva framed the charge against the accused persons for the alleged offence under Sections 376, 366, 506(2) and 114 of IPC and proceeded with the trial.