STATE OF GUJARAT Vs. RAMABHAI RUPABHAI KHANT

JUDGEMENT

(1.) BEING aggrieved and dissatisfied by the judgment and order dated 1.7.1989 passed by the learned Assistant Sessions Judge, Kheda at Nadiad in Sessions Case No. 247 of 1988 for offence punishable under section 376 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC"), this Appeal under section 377 of the Criminal Procedure Code, 1973 has been filed by the State of Gujarat for enhancement of the sentence imposed under section 377 of the Criminal Procedure Code, 1973.

(2.) THE facts of the case in brief are that the respondent accused was charge sheeted for offence under section 376, 323 and 506(2) of Indian Penal Code by Virpur police station, Taluka Balashinor. It is the case of the prosecution that on 23.7.1989 at about 7.00 p.m. the respondent accused asked the victim to bring beedis for him from the shop and also told her to take One Rupee for the same from the house. Under that pretext, the victim, a minor girl aged less than 13 years was trapped in the house and she was beaten by the respondent and committed rape on her. It is the further case of the prosecution that the accused is a neighbour and relative of the victim. According to the prosecution, the victim was beaten up by sticks and was threatened to cause death if the incident in question is reported to any one. Thereafter the accused fled the scene. It is further the case of the prosecution that the victim was bleeding profusely and due to pain she was screaming and on hearing the screaming, her mother rushed to the place of incident. She reported the incident to the father of the victim. As it was raining in the evening and transport facility was not available during the night hours, they could not report the incident to the police on the same day. The next day morning, father of the victim went to the police patel and he was told to report the same to the police station. The victim was given preliminary treatment at Virpur Government Hospital and was sent to Balashinor Hospital. As the doctors of Balashinor hospital refused to give treatment, the victim was shifted to Nadiad Hospital. The complaint was lodged under sections 376, 323, 506(2) of IPC, investigation was carried out and the accused was charge sheeted and the case was committed to the Sessions Court at Nadiad. Case was registered as Sessions Case No. 247 of 1988.

(3.) After examining the prosecution witnesses, the learned Assistant Sessions Judge has recorded statements of the accused under section 313 of the Code of Criminal Procedure in which it is stated by the accused that a false case is filed against him. After hearing the arguments of both the sides and after appreciating the evidence on record, the learned Assistant Sessions Judge has come to the conclusion that the case against the accused had been proved. The learned Judge also observed in the concluding part of the judgment that the fact that the accused is from a poor family, sympathy should be shown to the accused is not a good ground to be considered but the learned Judge has considered that the parties are the relatives and they are not in talking terms and enmity prevails between them as well as considering the time as well as the place of the incident and also considering the fact that the complaint was filed on the next day, the trial court thought it fit to convict the accused for offence under section 376 of IPC and sentenced to suffer Rigorous Imprisonment for four years. However, he is acquitted for the offences under section 323 and 506 (2) of IPC.