SALIMBHAI @ PAINTER BHUREKHAN PATHAN 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. 326 of 2006, whereby the appellant - accused has been held guilty for the offence punishable under Section 376(2)(g) read with Section 114 of IPC and sentence has been imposed for 10 years' R.I., with the fine of Rs. 5,000/- and further S.I., of one month for default of payment of fine and the accused is also held guilty with the offence punishable under Section 506(2) read with 114 of IPC and the sentence has been imposed of one year's R.I. with the fine of Rs. 1,000/- and one month of S.I., for default of payment of fine.

(2.) As per the prosecution case the complaint was filed by the victim - PW- 1 aged 15 years that on 7.7.2005 during the night time at about 3.30 to 4 O'clock when she had gone for toilet in the open area in front of her hut and when she was coming back, Imran (Juvenile), Salimbhai Painter (appellant - accused) and Makku Mehboob Shaikh (Juvenile), all the three came nearby and before she speaks anything, Salimbhai Painter (appellant - accused) overpowered and shut her mouth and all the three pulled her to the nearby taxi and at that time Makku Mehboob Shaikh caught hold of her hands and after she was thrown in taxi, Imran and Salim came inside the taxi and door of the taxi was closed and she had attempted to shout, but since her mouth was shut by overpowering it did not sound outside and she was made to sleep on the back seat of the taxi and rape was committed by Imran and thereafter by Salim. Thereafter, the door of the taxi was opened and over the coat, which was lying in near taxi, Imran again raped her. They gave threat to her that she should not inform to anyone otherwise she will be killed and thereafter they left. The pyjama, which was removed by Makku and dupatta were thrown by them in the Chandola Lake. The victim was frightened and she because of the threat given to her, did not complain to her parents. Thereafter, when the pain started in her stomach, she informed to her mother and thereafter in the evening time both informed the father and the complaint was filed with Vatva Police Station.

(3.) The police investigated into the complaint. However, as two accused namely; Makku and Imran were juvenile, the charge-sheet was filed against Salim - appellant herein. The case was thereafter committed to the Sessions Court being Sessions Case No. 326 of 2006.