MAHESHBHAI DHANJIBHAI TALPADA VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred the present Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 04th November 2009 passed by the learned Additional Sessions Judge, Kheda at Nadiad, in Sessions Case No.322 of 1997, whereby the learned Judge was pleased to convict the appellant-accused for the offence punishable under Sections 376 and 506(2) of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 18th August 1997 at 13.30 hours, when the complainant was on her way with her children, at that point of time near lake at the Sim of village Vasho, present appellant-accused was coming from the opposite on bicycle. IT is also the case of the prosecution that the appellant-accused then took the complainant to nearby place and against the wish of the complainant, committed rape. IT is also the case of the complainant that the appellant-accused has also threatened the complainant of life. Therefore, a complaint to the said effect was filed with Vasho Police Station on the next day, i.e. on 19th August 1997.

(3.) AFTER hearing both the sides at length, the learned Additional Sessions Judge, Kheda at Nadiad, passed the impugned judgment and order of conviction and sentence dated 04th November 1999 in Sessions Case No.322 of 1997, whereby the learned trial Judge was pleased to convict the appellant-accused for the offence punishable under Section 376 of the Indian Penal Code and ordered to undergo simple imprisonment for a period of five years and also imposed fine of Rs.01,000/-, and in default of payment of fine, ordered to undergo simple imprisonment for a further period of three months. The learned trial Judge has also convicted the appellant for the offence punishable under Section 506(2) of the Indian Penal Code and ordered to undergo simple imprisonment for a period of three months. However, it was clarified that both the sentences shall run concurrently.