VALJIJI RAGHUNATHJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 23/02/2006 rendered by learned Additional 4th Sessions Judge, Fast Track Court, Patan, convicting the appellants for the offences punishable under Sections 376, 363, 366, 342, 506 (2) and 114 of the Indian Penal Code and sentencing them to undergo five years rigorous imprisonment with a fine of Rs.5,000.00 each in default to undergo further one year rigorous imprisonment for offences punishable under Sections 363 and 366 read with Section 114 of the IPC; to undergo ten years rigorous imprisonment and to pay a fine of Rs.25,000.00 each in default to undergo further two years rigorous imprisonment for the offence punishable under Section 376 r/w Section 114 of the IPC; to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000.00 in default to undergo three months rigorous imprisonment for the offence punishable under Section 342 and 506 (2) r/w Section 114 of the IPC each. The learned Judge also directed that amount of Rs.50,000.00 be given to the prosecutrix as compensation upon payment of fine by the accused. The sentences were ordered to run concurrently.

(2.) BRIEF facts of the case are that as per the FIR lodged by Ishwarji Shankerji Thakor, on 25/12/2000, his daughter ­ Jyotsna was kidnapped by the present appellants, then she was taken to a field and was confined in the field till 27/12/2000. That during this time, she was kept in a field in the outskirts of Village Jamtha where she was raped by both the accused ­ appellants for five times each. It is then the case of prosecution that then she was left at the borewell owned by her maternal aunt ­ Vijiben and then she was ultimately brought home. The father of the prosecutrix upon learning about the alleged repetitive rape by the two accused, lodged FIR with Vagdod Police Station. Based on that FIR, Police started investigation and having found sufficient evidence, filed charge-sheet in the Court of learned JMFC, Patan, who in turn, committed to the Court of Sessions and Sessions Case No.416 of 2002 came to be registered.

(3.) THE Sessions Court after recording the evidence, also recorded statements of the accused under Section 313 of the Code of Criminal Procedure and both of them pleaded ignorance about the incident and stated that they have been falsely implicated.