AJITBHAI GANPATBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals arise out of the Judgment and order rendered by the Additional Sessions Judge, Kheda at Nadiad in Sessions Case No. 120 of 1995 on 23rd April, 1996 convicting the appellants for the offences punishable under Sections 376(2), 323 and 324 of the Indian Penal Code.

(2.) The facts of the case, in brief, are that; Lalitaben, wife of Viththalbhai, resident of Vaddala, Taluka Mehmdavad, lodged a first information report before the Senior Police Sub-Inspector of Mehmdavad Police Station on 1st December, 1994 at about 10.00 p.m. alleging that on that evening at about 8.00 p.m., when she was cleaning vessels in the courtyard of her house, the present appellants came there suddenly. Accused, Ajit Ganpat, held her hands; accused Ramesh Mahotbhai Chauhan, held her legs and raised her clothes whereas accused, Rajendra Bhudar, mounted on her and he committed rape. At this time, she started raising shouts but Rajendra Bhudar gagged her mouth with his hands and, therefore, she could not raise shouts. She stated further that in the course of transaction, one of the fingers of Rajendra Bhudar entered her mouth and came between her teeth, as a result of which, the tip of the finger was severed. During this transaction, she tried to free herself from the clutches and at that time, Rajendra Bhudar gave a bite on her left cheek, just below the left eye. Accused, Ajit Ganpant, caused scratch injuries with nail on her right cheek. Because of the injury on his finger, Rajendra Bhudar lifted his hand from her mouth. She, therefore, shouted for help shouting that "Neeru rush as I am assaulted". Responding to the call, her sister in law (husband's younger brother's wife) came there and the three assailants, therefore, ran away. Thereafter, Neeru raised shouts and hearing those shouts, the complainant's husband, Viththal, and his younger brothers Navinbhai & Ghanshyambhai and neighbour, Pravinbhai, came to the spot. She narrated the incident to all of them divulging the fact of rape and bite injuries. She stated that as the assailants were from her village, she knows them.

(3.) The learned Additional Sessions Judge, on commencement of the trial, framed charges against the accused at exhibit 2 for the offences punishable under Sections 376(2), 323 and 324 read with Section 34 of the Indian Penal Code. All the accused persons pleaded not guilty to the charges. The trial, therefore, was proceeded with.