GHANO @ GHANSHYAM RAVJIBHAI VAGHRI 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.156/2006, whereby the appellant ­ accused has been convicted for the offence under Section 376 of IPC and sentence has been imposed of 10 years' R.I., with fine of Rs.1,000.00 and one month's further S.I., for default in payment of fine.

(2.) AS per the prosecution case, Ishwarbhai Jivabhai ­ PW-1 (Exh.12), complainant and the father of the victim, on 16.8.2006, had gone to his brother's place and when he came back at about 12.45, he was informed by his mother that his daughter ­ victim had not come to the house and she had yet to take lunch. Therefore, since it was a festival of Janmashtami, he went for searching her and at the end of the village, there was Pan-bidi shop of Bhopabhai Nathabhai ­ PW-11 and he enquired him as to whether he had seen his daughter and the complainant was informed that his daughter was with accused and they had gone towards Anganwadi. Therefore, the complainant further went to Anganwadi and heard shouting. When he reached near urinal in the Anganwadi, he saw that the accused had embraced the victim and he had put off his pants down and the underwear of the victim was lying nearby and she was crying. At that time, the complainant told the accused about his conduct and then the complainant released victim and went away. He found that there was bleeding on the private parts of the victim. Thereafter, the complaint was filed with the Police Station, Bavla.

(3.) THE prosecution, in order to prove the guilt of the accused, examined 12 witnesses, the details of whom are mentioned by the learned Sessions Judge at paragraph 8 of the judgement. The prosecution also produced documentary evidence of 20 documents, the details of which are mentioned by the learned Sessions Judge at paragraph 9 of the judgement. The learned Sessions Judge thereafter recorded the statement of the accused under Section 313 of Cr.P.C., wherein the accused denied the evidence against him and in the further statement he stated that a false case is filed against him, he was not knowing anything and there was hot exchange of words between him and the father of the victim and thereafter the family members had supported them and the father of the victim had filed the complaint with the police and he had gone to Calcutta and came back and went to his sister's place, he came to know that the case was filed against him by the father of the victim for his daughter. The learned Sessions Judge thereafter heard the prosecution and defence and found that the prosecution has been able to prove the case against the accused and, therefore, found the accused guilty for the offence under Section 376. The learned Sessions Judge thereafter also heard the prosecution and defence on the aspect of sentence and ultimately convicted the accused and imposed sentence as referred to herein above. Under these circumstances, the present appeal before this Court.