VISNUJI SOMAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 5.12.2005 rendered in Sessions Case No. 36/2005 by the learned Addl. Sessions Judge, Fast Track Court No. 4, Gandhinagar at Kalol, whereby, the appellant herein, who was original accused in the aforesaid sessions case, came to be convicted for the offences punishable under section 376, 363, 366 and 506(2) of Indian Penal Code and under section 135(1) of the Bombay Police Act and was sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 5000/-, and in default of payment of fine, simple imprisonment for six months for the offence punishable under section 376 of IPC, rigorous imprisonment for 5 years and fine of Rs. 3000/-, and in default of payment of fine, simple imprisonment for three months for the offence punishable under section 363 of IPC, rigorous imprisonment for 5 years and fine of Rs. 3000/- and in default of payment of fine, simple imprisonment for three months for the offence punishable under section 366 of IPC, rigorous imprisonment for 3 years and fine of Rs. 2000/-, and in default of payment of fine, simple imprisonment for two months for the offence punishable under section 506(2) of IPC and simple imprisonment for six months for the offence punishable under section 135 of the Bombay Police Act. All the sentences awarded to the appellant-accused were ordered to run concurrently. He was also given benefit of set-off.

(2.) The case of the prosecution as unfolded during the trial is that at about 2.00 a.m., during the night hours, on 21.4.2005, girl Aruna, aged about 15 years and 10 months, was not found in her home. First informant, Bhemaji Babaji, father of girl Aruna, made inquiry about missing girl Aruna. He reported the incident to Kalol Taluka Police and FIR was registered. It is further revealed that the appellant-accused allegedly kidnapped Aruna and threatened her by showing knife and Aruna was raped by the accused. She was taken to different places and after some time, both, Aruna and the accused came to be found out. When the statement of Aruna was recorded by the police, it was disclosed that she was raped and, therefore, medical examination of the victim as well as accused came to be performed. Statements of material witnesses came to be recorded. Necessary panchnamas came to be drawn in the presence of panchas. After the investigation was concluded, charge-sheet came to be filed in the Court of learned Judicial Magistrate (First Class), Kalol. Since the offence is exclusively triable by the Court of Sessions, learned Magistrate committed the case to the Court of Sessions, at Gandhinagar, which was registered as Sessions Case No. 36/2005.

(3.) The trial Court framed charge against the accused at Exh. 4, to which, the accused did not plead guilty and claimed to be tried. Thereupon, the prosecution examined 9 witnesses and relied upon 13 documents, detailed in paras-5 and 6 of the impugned judgment. After the prosecution concluded its oral evidence, the trial Court recorded further statement of the accused under section 313 of CrPC, and the accused in his further statement denied all the incriminating circumstances brought to his notice by the trial Court and stated that he was falsely implicated in the case. The trial court, after examining and appreciating the oral and documentary evidence produced by the prosecution and considering the submissions advanced on behalf of both the sides, ultimately, came to the conclusion that the prosecution successfully proved its case beyond any reasonable doubt and recorded the conviction of the accused for the offences charged against him and awarded the sentence, as hereinabove referred to in the judgment.