SHANABHAI MADHURBHAI KOLI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal is preferred by accused of Session Case No. 69 of 1997 against the judgment and order of conviction passed by learned Sessions Judge, Panchmahals at Godhra, on 27.09.1999, convicting the present appellant for the charges levelled against him under Section 376 of the Indian Penal Code and sentencing him for 5 years rigorous imprisonment and imposed fine of Rs. 500/-, in default, to undergo simple imprisonment of six months. The period of undertrial custody was ordered to be given set off to the accused. The accused - present appellant deposited the amount of fine and filed this Criminal Appeal on 16.10.1999. Bail was refused by this Court but the Appeal was expedited.

(2.) Brief facts of the case reveals that PW-1 Amriben Maganbhai, resident of village Uchawan, Tal. Devgadh, Dist. Panchmahal, filed First Information Report on 12.12.1996 before Devgadh Baria Police Station, and at the relevant time, PW-5 Dhanjibhai Lunjabhai was the Police Station Officer, who recorded complaint of Amriben produced on record at Exh.11. Accordingly, prosecutrix Amriben is a married woman having three children out of the wedlock. Amriben had two sons and a daughter. The incident in question for which the complaint came to be filed occurred on 10.12.1996 at 15.00 hours, and the First Information Report was given to the Police on 12.12.1996 at 19.15 hours. On the day of the incident, Amriben, her mother-in-law Samudiben had been to the town of Baria in the morning at about 9'O clock. From the Government shop at Baria they purchased sugar. In the evening at about 14.00 hours after purchasing sugar, Amriben and her mother-in-law were returning to their village, while they were walking towards their village, her mother-in-law separated and thereafter Amriben was walking to her village alone. She reached upto the field of one Veera Nana. The way, on which Amriben was walking to her residence was passing near the boundaries of the field of Veera Nana. In the way there was a pavement. While she was walking through this pavement, the accused Shanabhai Madhubhai Koli Patel came near her and asked that where she had gone. She replied that she had been to purchase sugar. Thereafter, accused caught hold of her. Amriben attempted to escape but accused seized her and sugar was fallen down on the ground. She was forcibly made to sleep in the field of tuvar. After dragging her under the crop of tuvar, the accused, according to Amriben, committed rape on her. She was shouting. At that time, Shana Bijal on hearing of the shout, called Narvat, PW-2, son of Amriben at the scene of offence, and on seeing Narvat at the scene of offence, the accused appellant ran away. Amriben thereafter went to her home and talked about the incident to her sister-in-law Kokilaben. Kokilaben went to the house of Police Patel, from where husband of Amriben was informed about the incident, who was at Surat doing labour work on that day. On the next day, husband of Amriben PW-4 Maganbhai Bhulabhai came to the village and thereafter on 12.12.1996, complaint against the present appellant came to be filed by Amriben. On filing of the complaint, investigation was entrusted to PSI Himatsinh Gabhabhai Baria, who is examined as PW-10 by the prosecution at Exh. 22. After the investigation, a charge sheet for the offence punishable under Section 376 was submitted in the Court of Judicial Magistrate, First Class at Limkheda, who by order dated 13.5.1997 committed the case to the Court of Sessions, which was recorded as Session Case No. 69/97. Learned Sessions Judge, Panchamahals at Godhra, framed charge against the accused vide Exh. 2 who pleaded not guilty

(3.) Prosecution has chosen to examine 10 witnesses and submitted documentary evidence as well. After considering the explanation of the accused under Section 313 of the Criminal Procedure Code and after hearing the parties, learned Trial Judge came to the conclusion to convict the accused, as aforesaid.