LAWS(GJH)-2011-3-225

BHAVANBHAI Vs. STATE OF GUJARAT3468

Decided On March 25, 2011
Bhavanbhai Appellant
V/S
State Of Gujarat3468 Respondents

JUDGEMENT

(1.) The present Appeal arises out of judgment and order passed by learned Sessions Judge, 3 rd Fast Track Court, Amreli, dated 25.4.2005 in Sessions Case No. 105 of 2004 convicting the appellant- accused for the offences punishable under section 376(f) of the Indian Penal Code (IPC) sentencing him for life imprisonment and fine of Rs.10,000/- (Rupees Ten thousand only) and in default to undergo further rigorous imprisonment for three months.

(2.) It is the case of the prosecution that on 19.1.2004 between 13.00 hrs. to 13.30 hrs. the appellant accused who is resident of village Jasvantgadh, Taluka and District Amreli, took prosecutorix Simaben, aged about 11 years, near Khojawadi plot and against her wish and without consent committed rape. It is also the case of the prosecution that after committing the offence of rape the appellant accused threatened prosecutorix that he would kill if she would disclose the fact of the rape to anyone.

(3.) The charge was framed at Exh.3 by the learned Sessions Judge for the offence punishable under section 376(f) of the Act as well as section 506(2) of the IPC. The charge was read and explained to the appellant-accused to which he pleaded not guilty and came to be tried.