KALABHAI AMARATBHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgement and order passed by the learned Sessions Judge in Sessions Case No. 136/2006, whereby the accused has been convicted for the offence under Section 376 of IPC and sentence has been imposed of 10 years R.I., with the fine of Rs. 10,000/- and further one year S.I., for default in payment of fine.

(2.) As per the prosecution case, on 22.1.2006, the victim informed that on the last hight i.e. 21.1.2006, when she had gone to see the T.V., and while coming back at about 11 o'clock her maternal uncle - accused herein caught hold of and took her to house of Babu Bajania, which was closed and in chopad - varanda, rape was committed upon her and she had come to the house crying, but since the complainant who was the mother of the mother of the victim (maternal grandmother) sleeping, she did not inform at that time, but when she got up, she informed the complainant. Thereafter, the complaint (Exh. 33) was filed with Idar Police Station.

(3.) The aforesaid complaint was investigated and ultimately charge-sheet was filed and the case was committed to the Sessions Court being Sessions Case No.136/2006. The prosecution, in order to prove the guilt of the accused, examined 13 witnesses, the details of whom are mentioned by the learned Sessions Judge at paragraph 5 of the judgement. The prosecution also produced documentary evidence of 19 documents, the details of which are also mentioned in the very paragraph of the impugned judgement. The learned Sessions Judge thereafter recorded the statement of the accused under Section 313 of Cr. P.C., wherein he denied the evidence against him and in the further statement he stated that a false case was filed against him and he did not known anything. The learned Sessions Judge thereafter heard the prosecution as well as the accused and found that the prosecution has been able to prove the case and consequently he held the accused guilty for the charged offence. The learned Sessions Judge also heard the prosecution and the accused for sentence and ultimately imposed the sentence as referred to herein above. Under these circumstances, the present appeal before this Court.