STATE OF GUJARAT Vs. VIJAYBHAI @ VIJO KARABHAI DEGAMA

JUDGEMENT

(1.) SINCE both these appeals arise out of the same judgment and order of conviction and sentence passed by the learned trial Court, these appeals are being decided together by this common judgment.

(2.) CRIMINAL Appeal No. 1068 of 2011 has been filed by the appellant original accused against the judgment and order of conviction and sentence dated 24.09.2010 passed by learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Jamnagar, in sessions Case No.08 of 2009, whereby the learned Trial Court has convicted the present appellant for the offence under sections 376 of the Indian Penal Code (for short "IPC") and sentenced him to undergo rigorous imprisonment for a period of ten years and fine of Rs.5,000/ , in default of payment of fine, the appellant shall undergo further sentence of simple imprisonment for six months. The appellant has been given the benefit of set off. The trial Court has acquitted the present appellant of the charges under section 363, 366, 506(2), 114 of the IPC and under section 135(1) of the Bombay Police Act.

(3.) A complaint was filed by the complainant prosecutrix, alleging inter alia that on 12.10.2008 at about 10:00 pm. while she was going to the house of her uncle at village Dabasang, the present appellant along with co accused Ramnikbhai, who was minor at that time, came on motorcycle and taken away her forcibly. It is also alleged in the complaint that present appellant and co accused Ramnikbhai committed rape on her against her wish on the knife point. And thereafter, on 13.10.2008 at about 6:00 am. the accused persons dropped the prosecutrix in her village and fled away from there.