STATE OF GUJARAT Vs. KOLI KARSAN GEMARBHAI

JUDGEMENT

(1.) . The respondent has been convicted for an offence punishable under Sec. 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000.00 and in default of payment of fine, he has been ordered to undergo further rigorous imprisonment for six months. It has been ordered that if the fine is recovered, the same should be made over to Atmaram, the father of the prosecutrixgirl Hansa for the benefit of that girl. The order of conviction and sentence has been passed by the learned Sessions Judge, Mehsana on 21/10/1988 in Sessions Case No. 94 of 1987. Contending that the sentence imposed upon the appellant by the trial Court is very much inadequate and is by any standard insufficient, keeping in view the minimum of 7 years' rigorous imprisonment prescribed by Sec. 376 of the Indian Penal Code, and that there exists no special and adequate reasons, the State has come in appeal for enhancement of sentence imposed upon the respondent.

(2.) . The facts of the case, in so far as they are relevant for the present purpose, may be stated as follows : The victim of rape, i. e., the prosecutrix in this case, is girl Hansa, who was, at the time of the incident, hardly seven years of age. On 11/05/1987, i. e., the date of the incident, she was residing with her mother, Maniben P. W. 5, in a small room in a field at village Pamol. At about 10-00 a.m., Maniben, the mother of the prosecutrix, had gone to the market place for purchasing vegetables, leaving her children at her room. Hansa, the prosecutrix, was at the room and at that time the respondent came there and under an allurement to give her a mango, took away girl Hansa into the standing Bajra crop. In the Bajra crop, the respondent removed the knickers of the girl and brutally raped her. A little while later, the respondent came out of the Bajra crop and he was followed by the prosecutrix Hansa, who was weeping and bleeding from her private parts. Shivaji, P. W. 3, who was near the room, inquired from the prosecutrix as to what had happened and the prosecutrix told Shivaji that the respondent had beaten her. Soon thereafter, Maniben, the mother of the prosecutrix, arrived from the market place and she found that her daughter Hansa was weeping and that she was bleeding from her private parts. Maniben learnt from Shivaji that it was the respondent who had sexually assaulted Hansa. Taking Hansa with her, therefore, Maniben approached the respondent at the Railway Station and rebuked him for his behaviour. Thereupon, the respondent raised his Dharia at Maniben and threatened to kill Maniben. Maniben then returned to her field, called her relatives and took Hansa to Vijapur Hospital. Maniben was directed to the Police Station. She went to the Police Station and lodged an information, on the basis of which investigation was taken up, and on completion of the same the respondent was put up on trial.

(3.) . The respondent pleaded not guilty to the charge and the prosecution led evidence. On conclusion of the evidence the learned Judge convicted and sentenced the respondent as aforesaid.