KAMLESHSINH KALUSINH THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 31st May, 2008 passed by the learned 2nd Additional Sessions Judge, Sabarkantha at Himmatnagar, in Sessions Case No. 64 of 2007, whereby the learned 2nd Additional Sessions Judge was pleased to convict the Appellant for the offence punishable under Sections 363, 366, 506(2) and 114 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years, and also imposed fine of Rs. 1,000/- to pay jointly, and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of three months. The learned Judge has also directed the Appellant to pay Rs. 10,000/- (Ten Thousand Only) as compensation to the parents of the victim, and in default of payment of compensation, the Appellant has to undergo simple imprisonment for a further period of three months.

(2.) The case of the prosecution in brief is that on 14th January, 2007, when the complainant was returning back from the house of one Rahulbhai, on the way she had seen one Pravinsinh Chauhan and the present Appellant standing near the motorcycle and said Pravinsinh had having pressed her mouth, compelled her to sit on the motorcycle and the present Appellant had driven the motorcycle. It is alleged in the complaint that the present Appellant had left Pravinsinh and the complainant at Rakhial Railway Station and thereafter he returned back to Talod. It is the say of the complainant that she was forcibly raped by said Pravinsinh. In pursuance to the said incident, a complaint was filed under Sections 363, 366, 376, 506(2) and 114 of the Indian Penal Code.

(3.) Thereafter, after completion of investigation, the Investigating Officer had submitted the charge-sheet. The Sessions Case No. 64 of 2007 was registered before the learned Second Additional Sessions Judge, Sabarkantha at Himmatnagar.