JAFARBHAI AASIFALI SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the Sessions Court, Ahmedabad City, in Sessions Case No. 23/2005 dated 27.3.2006, whereby, both the original accused, the appellants before this Court, are convicted for the offence punishable under section 376, 342 and 114 of IPC and are ordered to undergo R/I for life. Further, it is ordered that the appellants shall also pay fine of Rs. 10,000/-each. The appellants are husband and wife. The husband is Accused no. 1 and wife is Accused no. 2.

(2.) THE case of the prosecution, in brief, is to the effect that on 21.2.2004, at about 6.30 in the morning, the accused no. 2 called the prosecutrix PW-5 at her residence under the pretext of making tea for her husband (Accused no. 1), and when she entered her house, accused no. 2 closed the door of the house from outside and accused no. 1 raped the prosecutrix. It is alleged that when the prosecutrix, after the occurrence of the incident, tried to open the door, it did not open and when she shouted, accused no. 2 opened the door from outside. It is on this allegation, the complaint was given on the next day against the appellants and the offence was registered. The same was investigated and according to the prosecution, on finding sufficient material, the charge-sheet was filed in the Court of learned Metropolitan Magistrate, Ahmedabad, who in turn, committed the case to the Court of Sessions, which was given number as Sessions Case No. 23/2005.

(3.) IT is contended on behalf of the appellants that the conviction be interfered with by this Court, since in the submission of learned counsel for the appellants, the prosecution theory is improbable, coupled with the fact that there is delay in lodging the complaint in this case, which if considered in totality, must be held fatal to the prosecution case.