BHULABHAI JIKABHAI KOLI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed by the appellants ? original accused Nos.1 to 5), under Section 374 of the Code of Criminal Procedure, challenging the Judgment and order of conviction and sentence dated 29.11.1997 passed by the learned Additional Sessions Judge, Panchmahals at Godhra, in Sessions Case No.61 of 1994, whereby the learned Judge has held (i) the appellant No.1 ? original accused No.1 for the offence under Section 354 of I.P. Code and awarded sentence to undergo R.I. for 3 (three) months; (ii) the appellant No.2 ? original accused No.2 for the offence under Section 354 read with Section 114 of I.P. Code and awarded sentence to undergo R.I. for one month; for the offence under Section 506(2) of I.P. Code and awarded sentence to undergo R.I. for one month; for the offence under Section 342 read with Section 114 of I.P. Code and awarded sentence to undergo RI for 2 months and also for the offence under Section 323 read with Section 114 of I.P. Code and awarded sentence to undergo RI for one month; (iii) the appellant No.3 ? original accused No.3 for the offence under Section 342 r/w Section 114 of I.P. Code and awarded sentence to undergo RI for 2 (two) months, and for the offence under Section 323 r/w 114 of I.P. Code and awarded sentence to undergo RI for one month; (iv) the appellant No.4 ? original accused No.4 for the offence under Section 342 r/w Section 114 of I.P. Code and awarded sentence to undergo RI for 2 (two) months, and for the offence under Section 323 r/w 114 of I.P. Code and awarded sentence to undergo RI for one month; (v) the appellant No.5 ? original accused No.5 for the offence punishable under Section 3(1)(10) of Atrocities Act and awarded sentence to undergo RI for 6 (six) months and to pay fine of Rs.100/- and i/d to undergo further RI for 15 days. THE learned Judge has ordered that all the sentence awarded to the accused shall run concurrently.

(2.) THE facts of the prosecution case are that on 16.12.1993 when the complainant ? victim Rekhaben was going to School and on the Kachha road and at that time accused No.1 came and taking advantage of loneliness of complainant, he tried to molest her. It is alleged that the complainant has shouted for help and on hearing the shouts the accused No.2 came, having knife with him, and he also threatened the complainant. It is alleged that at that time one boy, who was the neighbour of the complainant, and studied in the school came there and, therefore, both the accused went away. THEreafter, the complainant did not go to the school and returned to her home and she told her mother about the act done by the aforesaid accused. It is alleged that the father of the complainant was not at home and when he came home, she narrated the incident. It is alleged that the father of the complainant went to the house of Patel Rupabhai Bijalbhai for informing about the incident, but, he did not come back to the home and, therefore, uncle of the complainatn Pratabhai had gone for search of the father of the complainant. It is alleged that in the night her uncle came to the house and informed her that Kesha Jikaand his brothers have tied her father in the house and they are beating her father. It is alleged in the complaint that father of the complainant returned home at 11.00 O'clock in the night and informed about the incident. THE father of the complainant told that he was tied with rope and beaten by the accused and on intervention of Rupa Bijal Patel he was released. It is alleged that thereafter the father of the complainant had lodged the complaint, but, no such action was taken by the police. THEreafter the complainant filed the present complaint before the Police against the accused for the offences under Section 354, 323, 506(2), 342, 114 of I.P. Code and under Section 3(1)(10) of Atrocity Act. THEreafter, after completion of investigation, the police filed charge-sheet against the accused before the Court of learned Civil Judge (JD) & Judicial Magistrate, First Class, Devgadh Baria. As the offence was exclusively triable by a Court of Sessions, the learned Magistrate committed the said case to the Court of Sessions at Panchmahals at Godhra.

(3.) BEING aggrieved by the aforesaid Judgment and order of conviction rendered by the learned Additional Sessions Judge, Panchmahals at Godhra the original accused ? appellants Nos.1 to 5 have preferred present Appeal.