JASUBHAI MATHURBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal arises out of a judgement and order rendered by Sessions Court, Bhavnagar, on 06.12.2005 in Sessions Case No. 36 of 2002 convicting the appellants for the offences punishable under Section 376(2)(g) read with Section 114 of the Indian Penal Code, and sentencing them for rigorous imprisonment for fourteen years and fine of Rupees Seven Thousand, in default, simple imprisonment for three years. The appellants were also convicted for the offences punishable under Section 506(2) read with Section 114 of the Indian Penal Code, and ordered to undergo rigorous imprisonment for five years and fine of Rupees Three Thousand, in default, simple imprisonment for sixteen months. The appellants were convicted and sentenced for offences punishable under Section 450 read with Section 114 of the Indian Penal Code, and ordered to undergo rigorous imprisonment for five years and fine of Rupees Two Thousand, in default, simple imprisonment for twelve months. The appellants were also convicted for offences punishable under Section 135 of the Bombay Police Act, 1951 to pay fine of Rupees Two Hundred, in default, simple imprisonment for one month. All the sentences were directed to run concurrently.

(2.) As per the prosecution case, the appellants entered the house of Hakuben Dulabhai Makwana in the night of 29.11.2001 at about 12.00 midnight, and both of them committed rape on Hakuben in presence of Savitaben, the mother of the prosecutrix. A First Information Report was lodged, on the basis of which, offence was registered and investigated. The Panchnama of place of scene was also drawn. Medical tests of the victim were carried out and after arrest of the accused, they were also sent for medical examination, and ultimately charge sheet was filed. DNA was also collected by the investigating agency and sent to the Forensic Science Laboratory for investigation and opinion.

(3.) On charge sheet being filed in the Court of Judicial Magistrate First Class, Talaja, the case was committed to the court of Sessions and Sessions Case No.36 of 2002 came to be registered. Charge was framed against the accused persons by the Sessions Court at Exh.7 for the offences punishable under Sections 376(2)(g), 506(2) and 114 of the Indian Penal Code. The accused persons pleaded not guilty to the charge and came to be tried and hence this appeal.