BHUPAT BHAI SOMABHAI SARDIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals arise out of the judgment and order rendered by Sessions Court, Surendranagar in Sessions Case No.10 of 2006 on 28/07/2006. The appellants in these appeals were accused Nos.1 and 2 before the trial Court. They were charged for the offences punishable under Section 363 read with Section 114 and under Sections 366, 376 and 506 (2) read with Section 114 of the Indian Penal Code and came to be convicted therefor.

(2.) According to the prosecution case, appellant-Bhupatbhai was working as a labourer in a coal mine alongwith the prosecutrix and he committed rape on the prosecutrix in the mine itself, when there was no one else present in the mine. As per the prosecution case, this resulted into vaginal bleeding of the prosecutrix. Her clothes were also stained with blood and she went to home in the same condition, but she did not tell anyone about the incident and she washed her clothes as well. It is further the case of prosecution that appellant - Bhupat repetitively had forced intercourse with the prosecutrix against her wish. According to the prosecution, the appellant - Bhupat committed such an act in hut belonging to the accused No.2 - Ratuben, when there were other persons present. The prosecutrix moved with the appellant at several places on motorcycle as well as by public transport and during that time also the prosecutrix did not make any complaint to anyone. However, the prosecutrix lodged an FIR with Thangadh Police Station on 27/10/2005, narrating the above facts. On basis of the FIR, offence was registered and investigated and, ultimately charge-sheet was filed in the Court of learned JMFC, Chotila, who in turn, committed the case to the Court of Sessions and Sessions Case No.10 of 2006 came to be registered. Charge was framed against the accused persons at Exh.5 to which both the accused persons pleaded not guilty and came to be tried. The trial Court by the judgment and order referred herein above convicted both the accused persons and sentenced as under:

(3.) Learned Advocate Mr.Mrudul Barot, represents appellant - Bhupatbhai; whereas, Mr.Chauhan, represents appellant - Ratuben. The State is represented by learned APP, Ms.C M Shah.