ASHOKKUMAR AMRUTLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The appellant came to be convicted by Sessions Judge, Mehsana for offences punishable under Secs. 363, 366 and 376 of IPC, by judgment and order rendered in Sessions Case No. 14 of 1999, on Feb. 18, 2000. The appellant was ordered to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 1,000/- for offence punishable under Sec. 363 of IPC. He was ordered to undergo rigorous imprisonment for a period of 3 years and to pay fine of Rs. 1,000/- for offence punishable under Sec. 366 of IPC. He was also ordered to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs. 2,000/- for offence punishable under Sec. 376 of IPC. He was ordered to undergo further imprisonment for a period of one month in the event of default in payment of fine. The sentences were ordered to run concurrently.

(2.) . The facts of the case in brief are that as per the prosecution case, the appellant and one Sitaben Fataji Ramsangji Thakore kidnaped/abducted Ritaben, daughter of Balkar Singh Punjabi from her residence at village Gozaria of Mehsana Distt. It is the case of the prosecution that thereafter he took Rita to field and committed rape on her. It was the case of the prosecution that Sitaben Fatehsinh Thakore played a role in persuading prosecutrix Rita to have relation with the appellant. It is the case of the prosecution that after committing rape on the prosecutrix, the appellant took her from Gozaria to Vedhu in a truck for some distance and thereafter in a jeep. One Virsingji saw the couple and followed them and ultimately when the jeep car stopped, Virsingji came and took out Rita from the jeep car. After reaching home, the prosecutrix disclosed in detail as to what had happened. Relatives had also collected over there. A complaint was lodged by Ritaben before Vasai Police Station on 21st Sept., 1998, on the basis of which offence was registered and case investigated by the police. After examining the evidence collected by itself, the investigating agency came to a conclusion that there was sufficient evidence against the appellant and Sitaben Fatehsinh Thakore and, therefore, a charge-sheet came to be filed in the Court of Judicial Magistrate First Class. Learned JMFC in turn committed the case to the Court of Sessions, as the offence was triable exclusively by a Court of Sessions and Sessions Case No. 14 of 1999 came to be registered.

(3.) . Charge against the accused No. 1 - appellant was framed at Exh. 8 for offences punishable under Secs. 363, 366 and 376. Against accused Sitaben Fatehsinh Thakore, charge under Secs. 363, 366, 376 read with Sec. 114, alternatively with Sec. 107 of IPC was framed. Both the accused persons pleaded not guilty to the charge and claimed to be tried.