PREMJIBHAI SHAMJIBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of the judgment and order rendered by the Sessions Court, Ahmedabad (Rural), in Sessions Case No. 149/2003, on 15.3.2004, convicting the appellant for the offences of kidnapping and rape on Tejalben alias Gangaben, aged about 9 years, punishable under Sections 363, 366 & 376 of the Indian Penal Code ["IPC" for short]. The learned trial Judge was pleased to sentence the appellant-accused to undergo R.I for five years and to pay fine of Rs. 500/-, in default to undergo further S.I for six months, for the offence punishable under Section 363 IPC. For committing offence punishable under Section 366 IPC, the appellant was sentenced to undergo R.I for five years and to pay fine of Rs. 500/-, in default to undergo further S.I for six months. The appellant was sentenced to undergo life imprisonment and to pay fine of Rs. 5000/-, in default to undergo further S.I for one year, for the offence punishable under Section 376 IPC. All the sentences were ordered to run concurrently.

(2.) The prosecution case, in brief, is that the prosecutrix Tejalben @ Gangaben was aged about 9 years and was studying in 4th standard, ordinarily residing in Vasani Sheri,Ranpur, District: Ahmedabad. As annual examination of the prosecutrix was over and it was summer vacation, the prosecutrix was playing in the falia behind the house of her uncle situated near the residence of the prosecutrix, on 27.5.2003 in the evening hours. It is the case of the prosecution that the appellant-accused came there on a bicycle, lifted the prosecutrix and took her on his bicycle towards crematory situated near Mahaniya temple. It is further the case of the prosecution that by alluring the prosecutrix of giving her a ride on his bicycle, kidnapped her, in the manner indicated above. It is the case of the prosecution that thereafter the appellant-accused committed rape on the prosecutrix. It is further the case of the prosecution that on the next day at about 5.30 A.M. the prosecutrix reached her house and started crying. On asking, the prosecutrix narrated the incident to her mother Hansaben and Hansaben informed her neighbours about the same and Kamalaben, Labhuben and Amadubhai, along with the prosecutrix, went to the crematory. It is the case of the prosecution that on reaching the crematory, they found the appellant-accused there and, therefore, they took him to the police station, where the prosecutrix lodged F.I.R on 28.5.2003.

(3.) The investigating officer registered the F.I.R and started investigation. The I.O recorded the statements of the victim, her mother Hansaben and other persons, who were found conversant with the facts of the case. On completion of the investigation, the appellant was charge sheeted in the Court of learned J.M.F.C. Dhandhuka for the offences punishable under Sections 363, 366 & 376 of IPC. As the offence punishable under Section 376 IPC is exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Ahmedabad (Rural), for trial, where it was registered as Sessions Case No. 149/2003.