SUDA LAKHMAN RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal is preferred by the appellant, Suda Lakhman Rabari, against the judgment and order of his conviction for the offence punishable under Section 376 read with Section 511 of the Indian Penal Code and under Section 452 of the Indian Penal Code and sentence of rigorous imprisonment for four years and fine of Rs. 1000/-, in default of payment of fine further rigorous imprisonment for six months, for the offence punishable under Section 376 read with Section 511 of the Indian Penal Code, and rigorous imprisonment for three years for the offence punishable under Section 452 of the Indian Penal Code, rendered by the learned Additional Sessions Judge, Gondal, District Rajkot, in Sessions Case No. 53 of 1989. Both the sentences were ordered to run concurrently.

(2.) The appellant-accused, by the charge at Exh. 1, was charged that at about 9-30 a.m. on July 14, 1989, he committed rape on Meniben, a minor daughter of Bhikhabhai Gandabhai and she was threatened to be killed. The appellant-accused was also charged for having committed house-trespass after having made preparation for putting the prosecutrix Meniben in fear of hurt or of assault, or of wrongful restraint and thereby committed offences punishable under Sections 376, 452 and 506(2) of the Indian Penal Code.

(3.) The prosecution-case, shortly stated, is that P.W.2 Gigan Gandabhai, who is the uncle of the prosecutrix P.W.1 Meniben, reported to Bhayavadar Police Station, that at about 9-30 in the morning on July 14, 1989, the prosecutrik Meni was alone in her house and at that time the accused committed an offence of rape on her. Wife of P.W.3, Bhikhabhai Gandabhai and mother of the prosecutrix had gone out of the village. Father of the prosecutrix Meni, P.W. 3 Bhikhabhai Gandabhai had gone to the field for cultivation and as such Meni was alone in the house. At that time and place, P.W.3 Bhikhabhai Gandabhai returned from the field and saw that accused was trying to run away from his (Bhikhabhai's) house. So, he caught hold of him. On inquiry from the prosecutrix, she told her father that the accused came in the house and committed rape on her.