STATE OF GUJARAT Vs. PIYUSH MOHANLAL GANDHI

JUDGEMENT

(1.) This Appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against judgment and order dated 4.11.1988 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 42 of 1988 by which the accused was convicted for offence punishable under Section 511 read with Section 376 of Indian Penal Code for attempt to commit rape.

(2.) The facts of the case in brief are that on 12.1.1987 a complaint was lodged by Indiraben, wife of Ratilal Prabhudas Patel with Makarpura police station that her niece, the victim, a minor girl aged about 8 years went to terrace of the house to watch kite -flying. As per the complaint, four to five boys, sons of the tenants staying in the same building, were flying kites. After 10 -15 minutes at about 8.45 a.m., on hearing shouts of victim minor girl, Indiraben rushed to the terrace and on the staircase of the second floor of the house, she saw the minor girl was standing and crying. She had her nicker in her hand and the boy who was standing near her was Piyush, son of Mohanbhai Kachhiya, a tenant residing in the same building. She saw him closing the buttons of his pant and on seeing her, Piyush ran away. The complainant took the girl to her mother and on asking her as to what happened, the girl narrated the incident that from the terrace, Piyush brought her to the staircase of the second floor and penetrated something in her private part. As it pained so much, she started crying. On this the residents of the building gathered there went to the place of the incident and they could make out that Piyush had committed rape on the girl. Though they tried to catch Piyush, he had escaped. The complaint is filed before Makarpura police station.

(3.) The complaint was registered as CR.I No. 11 of 1987 for offence under Section 376 of the IPC by P.S.I, Makarpura police station. After necessary investigation, charge Exh. 3 was framed against the accused and the accused denied the charges levelled against him and claimed to be tried. As the offence was triable by a Sessions Court, the case was committed to the Court of Sessions under Section 209 of the Criminal Procedure Code.